The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Education Health and Care Plan process. 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 Miss X, complained about the Council’s handling of her son’s Education Health and Care Plan (EHCP). Miss X’s complaint included the consultation process and the school named in the EHCP. Miss X is also unhappy with the way the Council dealt with her complaint.
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.
The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X has used her right of appeal to the SEND Tribunal. This places the complaint outside our jurisdiction. This includes her concerns about the way the Council dealt with her complaint. We have no discretion to investigate Miss X’s complaint.
Final decision
We cannot investigate Miss X’s complaint because she has used her right of appeal to the SEND Tribunal.
Investigator's decision on behalf of the Ombudsman