The Ombudsman's final decision
Summary: We cannot investigate Ms M’s complaint about her son Y’s education because she has appealed to the SEND Tribunal and the Tribunal will decide what arrangements the Council must make for his education. We cannot investigate a complaint when someone has appealed to the Tribunal about the same matter.
The complaint
Ms M complains that her son Y’s school is unsuitable and the Council has not made alternative arrangements for his education.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (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 Ms M.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms M’s son, Y, has an education, health and care (EHC) plan maintained by the Council. The Council issued Y’s EHC Plan on 23 December 2024 and named the mainstream primary school he attended in section I.
Ms M complains the Council issued the Plan before consulting the school and despite the school’s response that it could not meet Y’s needs. Ms M wants Y to attend a community special school and has appealed to the SEND Tribunal.
The Council accepted it was wrong to issue the Plan before completing the consultation with the school. The Council expressed its sincere regret, acknowledged its responsibility to secure the provision in Y’s plan and said it would work with the school to ensure it was delivered.
Ms M is unhappy Y remains in a school which said it cannot meet his need pending the outcome of her appeal.
Final decision
We cannot investigate Ms M’s complaint because she has appealed to the SEND Tribunal and the Tribunal will decide what arrangements the Council must make for Y’s education. We cannot investigate a complaint when someone has appealed to the Tribunal about the same matter.
Investigator's decision on behalf of the Ombudsman