The Ombudsman's final decision
Summary: We will not investigate this complaint about the suitability of a school for Mrs X’s child. The matter is not separable from the recent decision of the Special Educational Needs and Disability Tribunal. Any continuing dispute about what setting is most suitable would also be for a future Tribunal to decide.
The complaint
Mrs X said her child had been out of education for some time. She said she had been to a Special Educational Needs and Disability Tribunal and had not been able to get education other than at school (EOTAS) named as the setting for her child’s education. She said the Council was now saying that her child could return to the school where he had felt unsafe.
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
Mrs X confirmed that a SEND Tribunal has ruled on her child’s education setting within the past two months. The matter complained of is not separable from the role of the SEND Tribunal, both recently and potentially in future if Mrs X remains of the view that another setting is needed. We cannot supplant the role of the SEND Tribunal in deciding what evidence carries most weight.
Final decision
We will not investigate Mrs X’s complaint because the matter complained of is not separable from Mrs X right to appeal to the SEND Tribunal. This is a right she has used, and which will arise again in due course if she remains of the same view.
Investigator's decision on behalf of the Ombudsman