Summary: We will not investigate Ms X’s complaint about the school named in her child’s Education, Health and Care Plan. This is because it is reasonable for her to appeal to the Tribunal.

The complaint

1. Ms X complains about the school named in her child’s Education, Health and Care (EHC) Plan. She says the school confirmed in writing that it cannot keep her child safe. She says the matter has caused her distress and worry. She wants the Council to name a different school that can meet her child’s needs and keep him safe.

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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. We may decide to investigate if we consider it would be unreasonable to expect the person to use this right but cannot investigate if the person has already used it. (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.

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How I considered this complaint

5. I considered information provided by Ms X.
6. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. It is not for us to investigate whether the Council has named a suitable school in Ms X’s child’s EHC Plan. This is a matter for the appeals process. The Council has confirmed its decision to name the school in question stands and if Ms X is unhappy with this it is reasonable for her to use her right of appeal to the Tribunal.

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Final decision

8. We will not investigate Ms X’s complaint because it is reasonable for her to use her right of appeal to the Tribunal.

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Investigator's decision on behalf of the Ombudsman