Summary: We cannot investigate this complaint about the school named in an Education, Health and Care Plan. Mrs X has appealed to a Tribunal and so the law says we cannot investigate.

The complaint

1. Mrs X complains the Council named an unsuitable school in her child’s Education, Health and Care (EHC) Plan and then revoked the decision weeks later to name Mrs X’s preferred school. Mrs X says the decision to name a mainstream school was made dishonourably and reports from professionals were overlooked. Mrs X requests the Council reimburse her with the fees she paid to her preferred school before the Council revoked its decision.

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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 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.
4. 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)
5. 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). 

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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. The Council named a mainstream school in Mrs X’s child’s EHC Plan and the placement was due to begin in September 2025. Mrs X appealed this decision to the Tribunal. Mrs X’s preference was for her child to attend School B. She paid the relevant fee for one term for her child to attend School B from September 2025. In October 2025, the Council revoked its decision and amended the EHC Plan to name School B, Mrs X’s preferred placement.
9. We cannot investigate this complaint. The courts have established that if someone has appealed to the Tribunal, the law says we cannot investigate any matter which was part of, was connected to, or could have been part of, the appeal to the Tribunal. For this reason, we cannot investigate this complaint.

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Final decision

10. We cannot investigate Mrs X’s complaint because she has appealed to the Tribunal and so the law says we cannot investigate.

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Investigator's decision on behalf of the Ombudsman