The Ombudsman's final decision
Summary: We will not investigate this complaint about the content of the education and healthcare plan issued for Mrs X’s daughter. She has a right of appeal to the special educational needs and disability tribunal to resolve these issues. We will not investigate Mrs X’s remaining complaint about the admission decision for an academy school. The law prevents us from considering complaints about an academy’s admission decisions.
The complaint
Mrs X complains the Council failed to name a school in her daughter’s education and healthcare plan (EHCP). In doing so she does not feel it considered their preference or her daughter’s needs. Further she complains the admission criteria have not been applied correctly when determining which secondary school her daughter should attend. She says this has resulted in her daughter not being admitted to the school they preferred and she is worried about the effects on her daughter’s mental health.
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) We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as academy schools. (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X is unhappy the Council choose not to name a secondary school in her daughter’s EHCP. If she is unhappy with the content of an EHCP she can appeal to the special educational needs and disability tribunal. It is reasonable for her to do this because the Tribunal can amend the EHCP if it sees fit. This is not something we can achieve. I understand Mrs X has already consulted a solicitor about appealing. As it is reasonable for Mrs X to use her appeal right, we cannot consider this part of the complaint.
I understand Mrs X is unhappy her daughter has not been allocated her preferred school and feels the Council must not have correctly applied the criteria as she says her daughter should have had a high priority. The school in question is an academy. As such the conditions in paragraph three are met so we cannot consider this point.
Final decision
We will not investigate Mrs X’s complaint because she can reasonably appeal to the tribunal about the EHCP and because we cannot consider admission decisions for academy schools.
Investigator's decision on behalf of the Ombudsman