The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council has reviewed Miss X’s son’s special educational needs. This is because Miss X has used her right of appeal to a tribunal and the issues she raises are not separable from that appeal.
The complaint
Miss X complains about how the Council has dealt with her son, Y’s, Education Health and Care (EHC) plan. Miss X says the Council issued a final plan without holding a phase transfer review meeting, failed to obtain suitable professional advice and finalised the EHC Plan without issuing a draft.
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 about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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
I cannot investigate Miss X’s complaint because she has used her right of appeal against the contents of Y’s EHC Plan to the SEND Tribunal. Any lack of appropriate education or SEN provision included in the plan as a result of the issues she raises is not separable from the substantive matter being appealed.
Final decision
We will not investigate Miss X’s complaint because the issues raised are not separable from her appeal to the SEND Tribunal.
Investigator's decision on behalf of the Ombudsman