Summary: We will not investigate this complaint that the Council finalised an Education Health and Care plan naming an unsuitable school without X having the opportunity to comment on a draft. This is because it is reasonable for X to use their right of appeal to a tribunal.

The complaint

1. X complains that the Council failed to send them a draft copy of their child’s Education Health and Care (EHC) plan. X says an unsuitable school has been named and wants the EHC plan to be amended.

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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. 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.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I will not investigate X’s complaint because they have a right of appeal to the SEND Tribunal that it is reasonable for them to use. Only the SEND Tribunal can direct the Council to make the changes to the EHC plan that X wants.

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Final decision

8. We will not investigate X’s complaint because it is reasonable for them to use their right of appeal to the SEND Tribunal.

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Investigator's decision on behalf of the Ombudsman