Summary: We cannot investigate this complaint that the Council refused to carry out an Education, Health and Care needs assessment. This is because the complainant has used their right of appeal to a tribunal about the same matter.

The complaint

1. X complains about the Council’s decision to refuse to carry out an Education, Health and Care (EHC) needs assessment for their child. X says the Council failed to consider their child’s needs and is refusing to consult with specialist school placements without an EHC plan.

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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. 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)
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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I cannot investigate X’s complaint. This is because they have used their right of appeal against the Council’s decision to the SEND Tribunal. This prevents us from investigating their complaint.

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Final decision

7. We cannot investigate X’s complaint because they have used their right of appeal against the Council’s decision to the SEND Tribunal.

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Investigator's decision on behalf of the Ombudsman