The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s failure to pay for the complainant’s son’s nursery placement. This is because the complainant has appealed to a tribunal and this places the matter outside our jurisdiction.
The complaint
The complainant, who I will refer to as Miss B, complains that the Council has failed to pay for her son’s nursery placement, as set out in his Education Health and Care Plan (EHCP).
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We cannot investigate a complaint if someone has appealed to a tribunal. (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
Miss B says the Council issued her son’s EHCP in March 2022. She has provided evidence to demonstrate that the Council accepts it has a duty to pay for her son’s nursery placement to the end of the 2021/2022 school year. She says this duty became engaged when the final EHCP was issued.
The Ombudsman cannot investigate this complaint. This is because it concerns the content of the EHCP and Miss B has used her right to appeal to the SEND Tribunal. This places the matter outside the Ombudsman’s jurisdiction. This is the case whether or not the substantive matter is contested. There is no discretion available to us.
Final decision
We cannot investigate Ms B’s complaint because she has used her right to complain to the SEND Tribunal
Investigator's decision on behalf of the Ombudsman