Summary: We will not investigate this complaint that the Council failed to obtain an adequate Occupational Therapy report in its assessment of a child’s special educational needs. This is a matter where the complainant has a right of appeal to the Special Educational Needs and Disability Tribunal.

The complaint

1. Mrs R complained Royal Borough of Windsor and Maidenhead Council (the Council) failed to obtain adequate professional advice from an Occupational Therapist, when assessing her son B’s special educational needs and producing his Education, Health and Care Plan (EHC Plan).

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (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 about special educational needs. We refer to it as the SEND Tribunal in this decision statement.

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How I considered this complaint

4. I considered information provided by the complainant Mrs R, the Council and an NHS Trust.
5. I also considered relevant legislation and guidance, and the Ombudsman’s Assessment Code.

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My assessment

6. Mrs R’s son B has special educational needs. The Council has assessed his needs and issued an EHC Plan.
7. Mrs R complained about the Council’s actions during the EHC assessment process. She said the Council failed to obtain an adequate Occupational Therapy assessment of B’s needs, and this meant the EHC Plan it produced did not properly reflect B’s needs. Mrs R also said the Council ‘dragged out the process’.
8. Mrs R said that due to the inadequate EHC Plan, B’s needs are not being adequately met in school, which means he comes home from school in a dysregulated state which impacts negatively on him and his family.
9. Mrs R has a related complaint about the NHS, about its failure to complete a detailed Occupational Therapy assessment within the six-week timeframe set out in the Special Educational Needs and Disability Regulations 2014. This complaint is a matter for the Parliamentary and Health Service Ombudsman to consider.
10. If Mrs R is unhappy with the content of B’s current EHC Plan, including if she feels it does not adequately reflect or address his needs, she can appeal to the SEND Tribunal. It would be reasonable for her to do this because the Tribunal can recommend changes to B’s EHC Plan. This is not something we can achieve.

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Final decision

11. We will not investigate Mrs B’s complaint about the Council because she has the right to appeal to the SEND Tribunal and it would be reasonable for her to do so.

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Investigator's decision on behalf of the Ombudsman