The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s decision not to name the complainant’s preferred placement in his son’s Education Health and Care Plan. The complainant has used his right to appeal and this places the matter outside the Ombudsman’s jurisdiction.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council was at fault in declining his request for a specialist school place for his son, and in its response to his subsequent appeal.
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
Mr B’s son has special educational needs and an Education Health and Care Plan (EHCP). Mr B complains that the Council was at fault in refusing to name a specialist placement in his son’s EHCP. He says this decision was flawed, and compelled him to appeal to the SEND Tribunal.
Mr B is also critical of the Council’s actions since he lodged his appeal. He believes officers failed to properly consider the assessments he obtained. In his view, the issue should have been concluded without the need for an appeal.
The Ombudsman cannot investigate Mr B’s complaint. By law, we cannot express a view on the content of the EHCP, including the placement named. The fact that the right to appeal has been used places all matters relating to the matter, including the Council’s conduct during the appeal process, outside our jurisdiction. There is no discretion available to us.
Final decision
We cannot investigate Mr B’s complaint because he has used his right to appeal to the SEND Tribunal.
Investigator's decision on behalf of the Ombudsman