The Ombudsman's final decision
Summary: We will not investigate this complaint about the advice requested by the Council during the Education, Health and Care Plan process. This is because it is reasonable for Mrs X to appeal to the First-tier Tribunal (Special Educational Needs and Disability) if she is unhappy with the outcome of the Council’s assessment.
The complaint
The complainant, whom I shall refer to as Mrs X, complained the Council has refused her requests it seek advice while assessing her child for an Education, Health and Care Plan (EHC Plan). Mrs X wants the Council to obtain reports from an Occupational Therapist (OT) and Speech and Language Therapist (SALT).
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 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
We will not start an investigation into Mrs X’s complaint.
In this case, the Council has explained why it has not agreed to Mrs X’s request. The possible consequences of the Council’s decision are not to issue an EHC Plan, or an EHC Plan with content Mrs X disagrees with. Parents who want to challenge such decisions have a right of appeal to the Tribunal. It is the mechanism set up by Parliament for parents to use. We expect parents to use their right of appeal unless it is unreasonable for them to do so. The Tribunal could order the Council to obtain extra reports, to issue an EHC Plan, or to change a plan already issued. We cannot do any of these things. It is therefore reasonable for Mrs X to appeal should she be unhappy with the outcome of the Council’s assessment.
Final decision
We will not investigate Mrs X’s complaint because it is reasonable for her to appeal to the Tribunal if she wants to challenge the Council’s decision.
Investigator's decision on behalf of the Ombudsman