The Wells Medical Practice (22 012 879a)

Category : Health > General Practice

Decision : Closed after initial enquiries

Decision date : 13 Jan 2023

The Ombudsman's final decision:

Summary: We will not investigate Mrs X’s complaint about Kent County Council. That is because she has already appealed to the SEND Tribunal.

The complaint

  1. Mrs X complains that Kent County Council (the Council) refused to assess he son, M, for an Education, Health and Care (EHC) plan. She says M lost out on support due to that delay. Mrs X would like compensation to remedy the injustice M suffered.

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The Ombudsman’s role and powers

  1. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
  2. SEND is a tribunal that considers special educational needs. (The Special Educational Needs and Disability Tribunal (‘SEND’)).
  3. Children who have special educational needs may have an EHC Plan. This sets out the child’s special educational needs and the provision needed to meet them. Local authorities have a duty to secure the special educational provision set out in an EHC Plan, unless the parent or young person has made suitable alternative arrangements. (Children and Families Act 2014 section 42)

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How I considered this complaint

  1. I have considered Mrs X’s information and spoken to her on the phone.
  2. Mrs X had an opportunity to comment on my draft decision.

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What I found

  1. In October 2021, Mrs X asked the Council to carry out an EHC needs assessment for M. Two months later, the Council decided not to assess M. Mrs X appealed that decision to the SEND Tribunal, but the Council later agreed to assess M.
  2. I cannot investigate Mrs X’s complaint the Council refused to carry out an EHC needs assessment for M. That is because Mrs X appealed that decision to the SEND Tribunal.

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Final decision

  1. I will not investigate this complaint because Mrs X has appealed the Council’s decision to the SEND Tribunal.

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Investigator's decision on behalf of the Ombudsman

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