Devon County Council (22 012 882)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 24 Jan 2023
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about special educational needs provision for the complainant’s daughter. This is because the complainant has used his right of appeal to a tribunal. This means the complaint is outside our jurisdiction.
The complaint
- The complainant, whom I shall refer to as Mr X, complained the Council had named an unsuitable school in his daughter’s Education Health and Care Plan (EHCP). Mr X is unhappy the Council has failed to provide his daughter (Y) with suitable alternative education. The Council says Y can attend the school named in her EHCP.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)
- The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the SEND Tribunal in this decision statement.
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We cannot investigate Mr X’s complaint. This is because Mr X has appealed the content of Y’s EHCP to the SEND Tribunal. This places all matters relating to his daughter’s special educational needs provision outside our jurisdiction. This includes the issue of alternative education which is inextricably linked to the school named in the EHCP. Mr X contends it is not suitable – the Council disagrees. The suitability of this school or otherwise is not a matter for the Ombudsman. There is no discretion available to us to consider Mr X’s complaint.
Final decision
- We cannot investigate Mr X’s complaint because he has appealed to the SEND Tribunal. The complaint is outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman