Summary: We will not investigate Mrs X’s complaint about how the Council has reviewed her child’s Education Health and Care plan. This is because it is reasonable for Mrs X to use her right of appeal to a tribunal.

The complaint

1. Mrs X complains about how the Council has reviewed her child’s Education Health and Care (EHC) plan. She says that the Council refused to arrange a new Educational Psychologist (EP) assessment. She also says the Council delayed issuing a final EHC plan and that the Council’s communication has been poor.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 – SEND) 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 carried out a review of Mrs X’s child’s EHC plan. Mrs X complained to the Council about the school named, that a new EP assessment had not been arranged, and that the final plan was issued late.
8. I will not investigate Mrs X’s complaint. Mrs X has a right of appeal to the SEND Tribunal about the contents of the EHC Plan, including the school named. The SEND Tribunal has the power to order the Council to carry out an EP assessment if it considers that one is needed. It is therefore reasonable for Mrs X to use her right of appeal to the SEND Tribunal.
9. I will not investigate Mrs X’s complaint about poor communication or that there was a delay in issuing the final EHC Plan. I do not consider that these matters have caused Mrs X a significant enough injustice to warrant investigation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman