The Ombudsman's final decision
Summary: We cannot investigate most of Miss X’s complaint about the Council’s failure to obtain updated health information for her child’s Education, Health and Care Plan because she could have included this matter in her appeal to the SEND Tribunal. We will not investigate her complaint about the Council’s complaints process because we cannot investigate the primary complaint.
The complaint
Miss X complained the Council: failed to obtain updated health information as part of a review of her child, Y's, Education, Health and Care (EHC) Plan in October 2024; and failed to address her complaints properly through its complaints process.
Miss X said the matter caused her frustration and uncertainty.
The Ombudsman’s role and powers
The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the Tribunal in this decision statement.
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 courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Miss X’s complaint. This is because Miss X appealed the content of Y’s final EHC Plan to the SEND Tribunal.
Miss X did not ask the Tribunal to consider extending the appeal to consider health matters. However, Miss X had the opportunity to include the matter as part of the appeal process. Therefore, the issue could have been referred to the Tribunal to resolve using its own powers. Consequently, the law says we cannot investigate as explained at point four of this decision.
We will not investigate Miss X’s complaint about the Council’s handling of her complaint because we cannot investigate the primary matter she complained about as explained at point five of this decision.
Final decision
We cannot investigate most of Miss X’s complaint because she could have included the matter in her appeal to the SEND Tribunal. We will not investigate the remainder because we cannot investigate the primary complaint.
Investigator's decision on behalf of the Ombudsman