Summary: We cannot investigate Mrs X’s complaint about the suitability of a school named in her child’s Education, Health and Care (EHC) Plan or her view that the Council failed to secure the content of the EHC Plan because she used her right to appeal to a tribunal, and the law says we cannot investigate.

The complaint

1. Mrs X complained the Council:
1. named an unsuitable school in section I of her child, Y’s, Education, Health and Care (EHC) Plan in December 2023; and
2. failed to secure the content of Y’s EHC Plan between September 2024 and February 2025.
2. Mrs X said the matter caused her frustration and financial loss. Mrs X said Y missed out on their education as a result.

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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 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.
5. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)

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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

Unsuitable school named in EHC Plan

8. We cannot investigate this complaint. This is because Mrs X used her right to appeal the content of the EHC Plan to the SEND Tribunal.
9. The courts have confirmed that we cannot investigate any matter which is part of, or connected to, a Tribunal appeal. Mrs X’s dissatisfaction with the Council’s decision to name a particular school in section I of Y’s EHC Plan and any ancillary issues relating to school consultations and later decisions about Y’s EHC Plan were considered by the Tribunal, and so we cannot investigate.
10. We also cannot achieve Mrs X’s desired outcome of reimbursement of costs. This is because the Tribunal has wide ranging powers, including the power to make an order for costs, if it considers a party has acted unreasonably in bringing, defending or conducting proceedings. Because the matter could have been raised during the Tribunal appeal, the law says we cannot investigate.

Delivery of EHC Plan

11. We cannot investigate Mrs X’s complaint that the Council failed to secure the content of Y’s EHC Plan. This is because for part of the period complained about the matter of Y’s educational placement was being considered by the Tribunal, and the reasons Y did not receive the content of their EHC Plan is too closely related to the appeal matter.
12. In late September 2025 Mrs X moved to a different council’s area. This meant Cheshire East ceased to be responsible for the EHC Plan from the date of transfer and thus had no responsibility to secure the content of the EHC Plan from that point.

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Final decision

13. We cannot investigate Mrs X’s complaint because she used her right to appeal to a tribunal, and the law says we cannot investigate.

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Investigator's decision on behalf of the Ombudsman