The Ombudsman's final decision
Summary: We cannot investigate Ms X’s complaint about her child’s education and the content of their Education, Health and Care Plan. This is because Ms X has used her right of appeal and so the complaint is outside our jurisdiction.
The complaint
Ms X complained about her child’s Education, Health and Care Plan (EHC Plan). Ms X says the Council named an unsuitable school meaning her child was out of education. Ms X is unhappy with the conduct of council officers during her appeal to a Tribunal. Ms X wants her child’s caseworker changed.
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)
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not start an investigation into Ms X’s complaint. Parents unhappy with their child’s EHC Plan have a right of appeal to the SEND Tribunal. Where appeal rights have been used, the matter is outside our jurisdiction from the point at which the appeal rights were available. As well as the school named in the EHC Plan, we cannot consider the conduct of the Council’s officers during the appeal process. The education Ms X’s child received during the appeal period is also not something we can consider. The Council considered the school named in the EHC Plan to be suitable. Ms X disagreed. The education received is therefore directly linked to the matter appealed and so is also outside our jurisdiction.
Ms X says that since the SEND Tribunal issued its decision there are still issues with communication and her caseworkers. These need to be put to the Council but it is not our role to say if Ms X’s caseworker should be changed.
Final decision
We cannot investigate Ms X’s complaint because it is outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman