Summary: We will not investigate X’s complaint about which school is named in an Education Health and Care Plan. It is reasonable to expect X to appeal to the Tribunal.

The complaint

1. The complainant, whom I shall call X, says the Council has failed to secure a place at School Y, for their child, D.

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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 about the same matter. 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 regarding 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 X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. X says that they decided School Y would be the best for their child, D. They told the Council. D has special educational needs. The Council made an Education Health and Care Plan (EHC Plan). This did not name School Y. The Council say it was late contacting School Y and there was no space for D. X says D is due to start school in September 2023 and there is no school place identified for them yet.
7. 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.
8. There is a right of appeal to the SEND Tribunal about the content of the final EHC plan, including which school is named. Parents must consider mediation before deciding to appeal. An appeal right is only engaged once a decision not to assess, issue or amend a plan has been made and sent to the parent or a final EHC plan has been issued.
9. It is reasonable to expect X to appeal to SEND as the main issue here at dispute is which school D should attend.

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Final decision

10. We will not investigate X’s complaint because it is reasonable to expect X to appeal to the Tribunal.

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Investigator's decision on behalf of the Ombudsman