Summary: We will not investigate Mrs X’s complaint about whether an Education Health and Care Plan is suitable for her child’s needs. She has appealed to the Tribunal.

The complaint

1. The complainant, whom I shall call Mrs X, says the Council’s Education Health and Care Plan (EHC Plan) does not meet her child’s B’s needs.

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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. (Local Government Act 1974, section 26(6)(a), as amended).

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says the Council has not produced an EHC Plan which is fit for purpose and meets B’s needs. She has appealed the EHC Plan to the Tribunal.
6. A child with special educational needs may have an EHC Plan. This sets out the child’s needs and what arrangements should be made to meet them. The EHC Plan is set out in sections. We cannot direct changes to the sections about education, or name a different school. Only the Tribunal can do this.
7. We cannot investigate issues which are included in a Tribunal appeal.

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Final decision

8. We will not investigate Mrs X’s complaint because she has appealed to the Tribunal.

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Investigator's decision on behalf of the Ombudsman