The Ombudsman's final decision
Summary: We will not investigate this complaint about the removal of special educational needs provision. This matter is not separable from what the content of an Education Health and Care Plan should be. Mrs X has a right to appeal to the Special Educational Needs and Disability Tribunal it would be reasonable to use.
The complaint
Mrs X said the Council wrongly stopped provision after 12 weeks that was listed in her son’s Education Health and Care (EHC) Plan as “to be reviewed after 12 weeks and continued as appropriate”. She said the Council failed to hold a meeting with him or his son’s school before stopping the provision.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
The wording Mrs X quoted in complaining to us makes it clear the provision to which she refers was not guaranteed beyond 12 weeks. The word “reviewed” does not imply a particular action in reviewing.
The matter in dispute here is not about failed SEN provision, but about what should be in Section F of the EHC Plan.
Final decision
We will not investigate Mrs X’s complaint because the matters complained of are not separable from the content of an EHC Plan. Mrs X has a right to appeal to the SEND Tribunal it would be reasonable to use if she is not satisfied with the provision the Council deems suitable.
Investigator's decision on behalf of the Ombudsman