Summary: We cannot investigate this complaint about an education, health and care (EHC) needs assessment and the content of an EHC plan because it was reasonable for the complainant to appeal to the First-Tier Tribunal (Special Educational Needs and Disability).

The complaint

1. Miss X complains about the way the Council carried out an Education, Health and Care (EHC) needs assessment of her child and she is unhappy with the content of the final EHC Plan issued by the Council.

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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. Due to the restrictions on our powers to investigate where there is an appeal right, there will be cases where there has been past injustice which neither we, nor the Tribunal, can remedy. The courts have found that the fact a complainant will be left without a remedy does not mean we can investigate a complaint. (R (ER) v Commissioner for Local Administration, ex parte Field) 1999 EWHC 754 (Admin). 
5. 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

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

8. Miss X requested an EHC needs assessment for her child and the Council agreed to carry out this assessment. The Council issued a final EHC Plan in June 2025. Miss X is unhappy with the contents of this plan. She requests the EHC Plan to be reviewed and amended to include her comments and additional information regarding her child’s needs including information from reports.
9. We cannot investigate Miss X’s complaint. Parents who are unhappy with the contents of an EHC Plan have a right to appeal to the Tribunal. It is the mechanism set up by Parliament for parents to challenge such decision. The Tribunal can consider the assessment process including which reports and documents the Council obtained. The Tribunal has wide powers to order reports to be completed, and it can direct changes to the EHC Plan. We cannot do this.
10. It was reasonable for Miss X to use this right of appeal to achieve the outcomes she has requested.

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Final decision

11. We cannot investigate Miss X’s complaint because it would have been reasonable for her to use her right of appeal to the Tribunal.

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Investigator's decision on behalf of the Ombudsman