The Ombudsman's final decision
Summary: We will not investigate this complaint about the school where Miss X’s child has been placed. She has a right to appeal to a Tribunal for a different school placement it would be reasonable to use.
The complaint
Miss X said the Council placed her child in a school that does not meet his special educational needs. She said another council, where the school is situated, refused to send her a copy of her child’s Education Health and Care (EHC) Plan.
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.
Bradford MBC is responsible for the content of the child’s EHC Plan and choosing the school. Therefore, the other council is not the proper subject of the complaint, and we cannot investigate it telling Miss X she should contact Bradford MBC to ask for a copy of her child’s EHC Plan.
My assessment
The complaint concerns the suitability of a school named by Bradford MBC (the Council) in an EHC Plan. Only the SEND Tribunal can decide what school should be named in an EHC Plan. We cannot do that. Thus, Miss X has or had a right of appeal to the SEND Tribunal it would be reasonable to use if she disputes the school named by the Council.
Final decision
We will not investigate Miss X’s complaint because she has or had a right of appeal to the SEND Tribunal it would be reasonable to use.
Investigator's decision on behalf of the Ombudsman