Summary: We will not investigate this complaint about the Council’s decision not to complete an Education Health and Care Needs Assessment. Miss X had a right of appeal to a tribunal about this decision, and it would have been reasonable to expect her to have used it.

The complaint

1. Miss X complained the Council refused to complete an Education Health and Care (EHC) Needs Assessment for her child (Y).
2. Miss X said Y therefore did not receive the support they required.

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The Ombudsman’s role and powers

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. Miss X asked the Council to complete an EHC Needs Assessment for Y.
8. The Council considered the request, but said Y did not meet the criteria for a Needs Assessment.
9. Miss X complained about the Council’s decision.
10. As outlined in paragraph three, we cannot normally investigate a complaint where someone has a right of appeal to a tribunal about the same matter.
11. Where a Council refuses to complete an EHC Needs Assessment, the person has a right of appeal to the Tribunal if they disagree with the decision.
12. It would have been reasonable to expect Miss X to have used this right. The Tribunal was set up by parliament to consider such appeals, and it has powers to order the Council to complete an EHC Needs Assessment if necessary.
13. For this reason, we will not investigate Miss X’s complaint.

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Final decision

14. We will not investigate Miss X’s complaint because she had a right of appeal to the Tribunal and it would have been reasonable to expect her to have used it.

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Investigator's decision on behalf of the Ombudsman