The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about which school should be named in an Education Health and Care Plan. The Tribunal is considering this.
The complaint
The complainant, whom I shall call Mr X, says the Council has named a school for his child, Y, which is too far from their home.
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.
We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by Mr X which included the Council’s reply to him.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s child, Y, has an Education Health and Care Plan (EHC Plan). This names School Z. Mr X says the school run often takes 90 minutes each way. He says a at a recent EHC Plan review he wanted the school changed to School Q. The Council refused and he has appealed to the Tribunal, SEND.
We cannot investigate issues which a Tribunal is considering.
Final decision
We will not investigate Mr X’s complaint because the Tribunal is considering where Y should receive their education.
Investigator's decision on behalf of the Ombudsman