Summary: We will not investigate this complaint about the Council’s alleged failure to name a suitable placement in Miss X’s son’s Education, Health and Care Plan. This is because Miss X has a right of appeal to the SEND tribunal.

The complaint

1. Miss X complained on behalf of her son Mr X, that the Council failed to name an appropriate school placement in his Education, Health and Care Plan (EHC Plan) and ended the Plan prematurely. She also complained the Council did not make her aware of her right to appeal.
2. She said the Council’s actions have led to Mr X losing out on an education.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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.

Back to top

How I considered this complaint

6. I considered information provided by Miss X and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Miss X wants us to find the Council at fault for failing to notify her of her right of appeal. Additionally, she remains unhappy with the contents of the Plan.
9. We cannot investigate complaints where the complainant has not exercised their right of appeal if we consider it reasonable for them to do so. Miss X is unhappy with the school placement named in the Plan along with the Council’s decision to discontinue the Plan. We consider it reasonable for Miss X to appeal these matters at SEND Tribunal.

Back to top

Final decision

10. We will not investigate Miss X’s complaint because she has right of appeal at SEND Tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman