Summary: We cannot investigate Ms M’s complaint about the lack of special educational provision to meet her daughter’s needs and keep her safe because she has appealed to the SEND Tribunal about the same matter. Her daughter’s education and safety are currently the responsibility of her school. We cannot investigate the actions of the school.

The complaint

1. Ms M complains about her daughter G’s education. She says G’s school is unable to meet her needs or keep her safe.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)
3. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the SEND Tribunal in this decision statement.
4. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms M’s daughter has special educational needs. Ms M asked the Council to issue an education, health and care (EHC) plan. The Council refused. Ms M has appealed the Council’s decision to the SEND Tribunal. A hearing has been arranged for January 2027.
8. Ms M is concerned for her daughter’s education and wellbeing in the meantime. She explained that G is struggling at school. She says G has no awareness of danger and needs constant supervision. She says this is a safeguarding concern.
9. Ms M wants the Council to arrange special educational provision straight away. She complains about the lack of support for G’s needs from the Council.
10. The Council believes the school can meet G’s needs. The Council does not consider it is necessary to issue an EHC plan and is contesting Ms M’s appeal.
11. We cannot investigate Ms M’s complaint.
12. Ms M’s complaint and her appeal to the Tribunal amount to the same thing. They are both about the support G needs at school because of her special educational needs. The law says we cannot investigate a complaint when someone has appealed to the Tribunal about the same thing.
13. As G does not have an EHC plan, her school is responsible for meeting her special educational needs and keeping her safe. The school is responsible for any application for additional ‘top-up’ funding from the Council to meet G’s needs.
14. We cannot investigate complaints about the school’s actions.
15. The law prevents our involvement in the disagreement between Ms M and the Council. We are unable to help. Ms M might consider asking the Tribunal for an earlier hearing.

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Final decision

16. We cannot investigate Ms M’s complaint about special educational provision to meet her daughter’s needs and keep her safe because she has appealed to the SEND Tribunal about the same matter. Her daughter’s education and safety are currently the responsibility of her school. We cannot investigate the actions of the school.

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Investigator's decision on behalf of the Ombudsman