The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about a school placement. This is because there was a right of appeal to the SEND Tribunal and it was reasonable for Miss X to appeal.
The complaint
Miss X complains the Council did not ensure her child’s special educational needs were met. She also complains the Council will not fund the independent school she has placed her child in.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) 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 Tribunal in this decision statement.
How I considered this complaint
I considered the information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
Miss X’s child, Y has special educational needs (SEN) and an Educational Health and Care (EHC) Plan. Miss X felt her child’s needs were not being met in their last school and decided to move them to an independent fee-paying school.
The Council says school Y could meet Y’s needs under the EHC plan and was an appropriate placement. Miss X had right of appeal to the SEND Tribunal if she disagreed with the school the Council named in the EHC plan. It would be reasonable for Mrs X to have appealed and so I will not investigate.
Miss X’s complaint that the Council did not consult with the independent school, name it in the EHC Plan or fund the placement, is directly related to her complaint about the school named in the EHC Plan. I cannot investigate these matters as it would overlap with the Tribunal’s role to investigate a complaint about the school named in the EHC Plan.
Final decision
We will not investigate Miss X’s complaint because there was a right of appeal to the SEND Tribunal and it was reasonable for her to appeal.
Investigator's decision on behalf of the Ombudsman