The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the contents of Y’s Education Health and Care Plan (EHCP). This is because it would be reasonable for Miss X to appeal against the contents of the EHCP to the SEND Tribunal.
The complaint
Miss X complains the Council has made an error in naming a school on her daughter Y’s, Education Health and Care Plan (EHCP). Miss X says the school cannot meet her needs. Miss X also complains the approach has not been child centred and that Y requires glasses which the Council will not fund, despite them being acknowledged as an educational need. Miss X would like the Council to name the school of her choice on the EHCP and add the therapy that professionals say Y requires to her EHCP.
The Ombudsman’s role and powers
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.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council completed the EHCP in February 2022 after being ordered to undertake an assessment by the SEND Tribunal. The Council completed this assessment and decided not to issue an EHCP, but then conceded to issue an EHCP before another SEND Tribunal. The school named has confirmed it is unable to meet Y’s need. We cannot challenge the contents of an EHCP when they can be appealed against to the SEND Tribunal.
Final decision
We will not investigate Miss X’s complaint because it would be reasonable for her to appeal against the contents of the EHCP to the SEND Tribunal.
Investigator's decision on behalf of the Ombudsman