Summary: We will not investigate this complaint about alternative educational provision. Mrs X has used her right of appeal to the Special Educational Needs and Disability Tribunal against the provision specified in an Education Health and Care Plan. A legal ruling prevents us from investigating the matter complained of.

The complaint

1. Mrs X said the Council has failed to offer alternative educational provision for her child since January 2023 when he has been unable to attend school.

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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. 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.
4. The courts have held that where someone has appealed to the SEND Tribunal, we have no authority to consider what educational provision should be made for the child concerned. (Local Government Act 1974, section 26(6)(a), R v the Commissioner for Local Administration ex parte PH, 1999);  R (on the application of ER) v CLA (LGO) [2014] EWCA civ 1407

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X has confirmed that she has appealed to the SEND Tribunal against the content of the Education Health and Care (EHC) Plan the Council issued in January 2023. We therefore lack legal authority to consider what educational provision should have been made for her child since then.

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Final decision

8. We will not investigate Mrs X’s complaint because Mrs X has exercised her right of appeal to the SEND Tribunal against the content of her child’s EHC Plan, and a legal ruling therefore prevents us investigating the matter complained of.

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Investigator's decision on behalf of the Ombudsman