The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council delayed naming a school on a child’s Education Health and Care Plan. This is because it is reasonable to have expected the complainant to have used their appeal to a tribunal.
The complaint
Mr X complains that the Council delayed naming his preferred school on his child’s Education Health and Care (EHC) Plan.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council carried out an EHC needs assessment for Mr X’s child. Mr X told the Council his preferred school. The Council subsequently issued a final plan, but a school was not named. Mr X says the Council then delayed consulting with the school and issuing an amended final EHC Plan with his preferred placement named.
I will not investigate Mr X’s complaint. The contents of EHC Plans, including what placement is named or a failure to name a placement, carries a right of appeal to the SEND Tribunal. I consider that it was reasonable for Mr X to have used that right of appeal against the Council’s decision not to name a school when it issued its first final EHC Plan.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for Mr X to have used his right of appeal to the SEND Tribunal.
Investigator's decision on behalf of the Ombudsman