The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s assessment of Miss X’s child’s special educational needs. The matters complained of are not separable from the content of the child’s Education Health and Care Plan, as appealed to a Tribunal.
The complaint
Miss X said the Council either failed to carry out or carried out inadequate assessments of her child’s special educational needs (SEN). She said a Council officer failed to respond to emails and did not name a school until a week before a Special Educational Needs and Disability (SEND) Tribunal. She said the Council failed to deal with her complaint.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. 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) 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.
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The complaint correspondence confirms the matters complained of are not separable from the provision specified and the school named in the EHC Plan. This is for a SEND Tribunal to decide.
Final decision
We will not investigate Miss X’s complaint because the matters complained of are not separable from those appealed to a SEND Tribunal.
Investigator's decision on behalf of the Ombudsman