The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the lack of a review and the content of an Education Health and Care Plan. It is reasonable to expect her to have appealed to the Tribunal.
The complaint
Miss X says the Council failed to hold a transition review for her child, Y’s Education Health and Care Plan (EHC Plan). She says this means the EHC Plan does not meet Y’s needs.
The Ombudsman’s role and powers
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 Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
A child or young person with special educational needs may have an EHC Plan. This document sets out the child’s needs and what arrangements should be made to meet them. The EHC Plan is set out in sections. We cannot direct changes to the sections about their needs, education, or the name of the educational placement. Only the tribunal or the council can do this.
The Council produce Y’s first EHC Plan in September 2023. Y is due to move to secondary school in September 2024. This EHC Plan did not mention this move. Miss X says she asked the Council to hold a ‘transition review’. It says a mediation meeting in December 2023 discussed transition. It also says as the EHC Plan was less than 12 months old it did not need to hold the meeting.
The Council issued an amended EHC Plan in February 2024 naming a secondary setting. Miss X disagrees with this. She says the school named is not suitable for Y. She says she is currently paying for private school fees.
Miss X says the effect of the lack of a transition meeting is that the EHC Plan does not meet Y’s needs. Miss X has a right of appeal to the Tribunal on the EHC Plan wording, including which school should be named. It is reasonable to expect her to have used that right.
Final decision
We will not investigate Miss X’s complaint because it is reasonable to expect her to have appealed to the Tribunal.
Investigator's decision on behalf of the Ombudsman