Summary: We will not investigate this complaint about a school named in a child’s Education Health and Care plan. This is because it is reasonable for the complainant to use their right of appeal to a tribunal.

The complaint

1. X complains that the Council named a school in their child’s Education Health and Care (EHC) Plan that cannot meet their needs.

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The Ombudsman’s role and powers

2. 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)
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.

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I will not investigate X’s complaint. This is because they have a right of appeal to the SEND Tribunal against the contents of the EHC plan, including the school named. It is reasonable for X to use this right of appeal because only the Tribunal can direct the Council to make the changes X seeks.

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Final decision

7. We will not investigate X’s complaint because it is reasonable for them to use their right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman