The Ombudsman's final decision
Summary: We will not investigate this complaint about the school named in an Education Health and Care Plan. It would be reasonable for Miss X to appeal to the tribunal about the contents of the plan.
The complaint
Miss X complains the Council named an unsuitable school in her child, Y’s Education, Health and Care (EHC) Plan.
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) 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X has a child Y who has an EHC Plan. Miss X says the Council have named a school in Y’s EHC Plan that cannon meet their needs. Miss X says the school has informed her they cannot meet Y’s needs.
The SEND Tribunal considers appeals against the content of EHC Plans. It would be reasonable for Miss X to appeal to the tribunal if she is unhappy with the school named in Y’s EHC Plan.
Final decision
We will not investigate Miss X’s complaint. It would be reasonable for Miss X to appeal to the tribunal about the contents of the plan.
Investigator's decision on behalf of the Ombudsman