Cambridgeshire County Council (25 016 183)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 25 Aug 2026
The Ombudsman's final decision:
Summary: We cannot investigate Miss X’s complaint about her son’s lack of education provision because Miss X has started court proceedings against the Council.
The complaint
- Miss X complains that the Council:
- Took too long to issue a final EHC Plan for her son, K, following an emergency review in October 2024;
- failed to find a suitable school placement for him; and
- Has not ensured he receives a sufficient education while he cannot attend school.
- Miss X says that this has caused her and her son distress, frustration and uncertainty, and means that her son has not had the specialist education he needs and is entitled to.
The Ombudsman’s role and powers
- The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
- I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
- Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.
What I found
- Miss X’s son, K, has special educational needs. His provision is set out in his Education Health and Care (EHC) Plan. In October 2024, the Council held an emergency review of K’s EHC Plan. The Council decided that K needs a specialist school place. By law, the Council should have issued his new Plan by January 2025, but it did not do so until November 2025.
- Miss X says that K is not receiving the educational provision set out in the Plan. In May 2025, Miss X started judicial review proceedings in court. She has asked the court to consider whether the Council has met its duty to provide the education set out in K’s EHC Plan, and its duty to provide alternative education if he is unable to go to school due to illness or otherwise.
- The court proceedings are about whether the Council has made educational provision for K. This is the same as the substantive issues that Miss X has complained to the Ombudsman about. This means we cannot investigate her complaint.
Investigator's decision on behalf of the Ombudsman