Summary: We will not investigate this complaint about an Education, Health and Care assessment and plan because it is reasonable for the complainant to appeal to the Tribunal.

The complaint

1. Mrs X complains the Council failed to advise her of a psychometric assessment that was undertaken at her child’s school and it failed to include the assessment in the Education, Health and Care (EHC) needs assessment of her child. Mrs X also complains the Council has named a school in her child’s EHC Plan that cannot meet his needs.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the Tribunal in this decision statement.
5. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)

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How I considered this complaint

6. I considered information provided by Mrs X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We will not investigate Mrs X’s complaint.
9. It is reasonable for Mrs X to complain directly to the school about its failure to advise her of the psychometric test. It was also reasonable for Mrs X to use her right to appeal the Council’s EHC Needs Assessment decision if she was unhappy with the information the Council considered when making its decision.
10. Mrs X says the Council has named a school in her child’s EHC Plan that cannot meet his needs. The Tribunal considers appeals against the content of EHC Plans. The Tribunal can direct changes to an EHC Plan, we cannot. It is reasonable for Mrs X to appeal to the Tribunal if she is unhappy with the school named in her child’s EHC Plan.

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Final decision

11. We will not investigate Mrs X’s complaint because it is reasonable for her to appeal to the Tribunal.

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Investigator's decision on behalf of the Ombudsman