Summary: We will not investigate this complaint about the content of an Education, Health and Care Plan and the information the Council relied on when making the decision. This is a matter where the complainant had a right of appeal to a tribunal and it would be reasonable to use this right if they disagree with the content of the plan.

The complaint

1. Mrs X complained the Council had failed to properly carry out an Education, Health and Care Needs Assessment for her son. She says the Council rushed the assessment and did not consider all evidence available.
2. She says this led to the Council trying to place her son in an unsuitable school that could not meet his needs. She feels this was only avoided because of her persistence and hard work in challenging the Council.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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.

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How I considered this complaint

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

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My assessment

8. The Council carried out an assessment for Mrs X’s son. She feels the Council rushed the assessment process to ensure it met the statutory time limits. She complains this meant the Council did not consider all the evidence it should have done to decide her son’s needs. She says this resulted in the Council naming an unsuitable school.
9. We will not investigate Mrs X’s complaint. The core of her concerns is about the content of the Education Health and Care (EHC) plan the Council felt was suitable for her son following the assessment. The tribunal is best placed to decide on whether an EHC plan is suitable or not. The Ombudsman cannot make such a determination. If Mrs X disagreed with the plan, it would have been reasonable for her to use her right of appeal to the tribunal.

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Final decision

10. We will not investigate Mrs X’s complaint because she could have appealed to the tribunal and the law says we cannot investigate these matters.

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Investigator's decision on behalf of the Ombudsman