The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the content of her son’s Education Health and Care Plan. This is because it is reasonable for Mrs X to appeal to the Special Educational Needs and Disability Tribunal.
The complaint
The complainant, whom I shall refer to as Mrs X, complained about the content of her child’s Education Health and Care Plan.
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’s complaint is about the Occupational Therapy provision in her son’s Education Health and Care Plan. This is something Mrs X can appeal to the SEND Tribunal. It is reasonable for her to use this right. We have no powers to say what provision an Education Health and Care Plan should contain.
Final decision
We will not investigate this complaint because it is reasonable for Mrs X to use the appeal rights available to her.
Investigator's decision on behalf of the Ombudsman