Summary: We cannot investigate Miss X’s complaint about the Council’s lack of alternative education provision for her son. This is because she has used her right to appeal to the Special Educational Needs and Disability Tribunal.

The complaint

1. Miss X complains the Council has not provided a suitable alternative provision for her son, Y. Miss X says this has impacted Y’s education and mental health. She would like the Council to find Y a suitable alternative provision.

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The Ombudsman’s role and powers

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

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

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My assessment

7. I cannot investigate Miss X’s complaints about the Council’s delays issuing Y’s Education Health and Care Plan (“EHC plan”) and alternative provision. This is because Miss X has appealed the contents of Y’s EHC plan to the Special Educational Needs and Disability (SEND) Tribunal. The reasons Y needs alternative provision are not separable from his special educational needs and the contents of his EHC plan. The law says we cannot investigate complaints where the complainant has already used their right of appeal.

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Final decision

8. We will not investigate this complaint because Miss X has appealed to the SEND Tribunal.

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Investigator's decision on behalf of the Ombudsman