Summary: We will not investigate this complaint about the Council’s handling of an Education Health and Care plan. This is because it would have been reasonable for the complainant to use her right of appeal to the First-Tier Tribunal (Special Educational Needs and Disability).

The complaint

1. The complainant, Mrs X, complains about the Council’s handling of her child’s Education, Health and Care (EHC) plan. She says this matter has caused her and her family significant stress.

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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.

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How I considered this complaint

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

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My assessment

7. The Council issued an Education, Health and Care (EHC) Plan in July 2025. Mrs X says a specialist setting is her preference, but the Council has named a mainstream setting. She also says specialist provision in section F of the EHC plan is not sufficient to meet her child’s needs. Mrs X says the Council has not considered evidence from professionals in determining the EHC plan.
8. We will not investigate Mrs X’s complaint. This is because it would have been reasonable for Mrs X to use her right of appeal to the Tribunal if she was dissatisfied with her child’s EHC plan. The Council reminded Mrs X of her appeal right during the complaints process.

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Final decision

9. We will not investigate Mrs X’s complaint because it would have been reasonable to expect her to use her right of appeal to the Tribunal.

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Investigator's decision on behalf of the Ombudsman