The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s decision not to conduct an Education, Health and Care needs assessment of her child, Y. This is because Mrs X has a right of appeal to the Special Educational Needs and Disability Tribunal, and it is reasonable for her to use that right.
The complaint
Mrs X complained about the Council’s decision not to conduct an Education, Health and Care needs assessment regarding her child, Y.
Mrs X says the matter caused her frustration.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference, or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (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
In November 2023, Mrs X asked the Council to conduct an Education, Health and Care needs assessment of her child, Y. The Council conducted initial enquiries and six weeks later decided not to complete an EHC needs assessment of Y. The Council wrote to Mrs X and informed her of her right to appeal the decision to the SEND Tribunal.
Mrs X then complained to the Council. She told the Council it had failed to consult with relevant professionals and said its decision was flawed.
The Council responded and told Mrs X it had decided not to complete an EHC needs assessment of Y and reminded her of her right to appeal the decision to the SEND Tribunal.
Analysis We will not investigate this complaint because Mrs X has a right of appeal to the SEND Tribunal about the Council’s decision not to conduct an EHC needs assessment of Y, and it is reasonable to expect her to use that right.
Final decision
We will not investigate Mrs X’s complaint because she has a right of appeal to a tribunal about the matter and it is reasonable to expect her to use that right.
Investigator's decision on behalf of the Ombudsman