The Ombudsman's final decision
Summary: We cannot investigate this complaint about the content of an Education Health and Care Plan. This is because the complainant has used their right of appeal. This places the matter outside the Ombudsman’s jurisdiction.
The complaint
The complainant, whom I shall refer to as Mrs X, complained about the content of her daughter’s Education Health and Care Plan (EHCP). Mrs X said the content of the plan has left her daughter without an education.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mrs X’s complaint. Because she has appealed to the SEND Tribunal, the complaint is outside our jurisdiction. The current education available to Mrs X’s daughter is linked to the placement in the EHCP. This is the matte the Tribunal will consider. We have no discretion available to us to consider Mrs X’s complaint.
Final decision
We cannot investigate Mrs X’s complaint because she has appealed to the SEND Tribunal.
Investigator's decision on behalf of the Ombudsman