on the lessons that can be learnt from our complaints about end of life care given in care homes and in the home.
Category : Education > Special educational needs Decision : Closed after initial enquiries Decision date : 14 Apr 2026
The complaint
The Ombudsman’s roles and powers
The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about her child’s EHC plan and their school placement. Mrs X had the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability) and it would have been reasonable for her to appeal.
The complaint
Mrs X complains the Council did not carry out the annual review for her child’s Education Health and Care (EHC) plan properly and did not arrange a suitable placement for her child.
The Ombudsman’s roles 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 Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Parents who are unhappy with the setting named in an EHC plan have a right to appeal to the Tribunal. It is the mechanism set up by Parliament for parents to challenge such decisions. The Tribunal can direct changes to the EHC plan.
Mrs X’s child has special educational needs and an EHC plan. The Council carried out an annual review. Mrs X says the review process was incomplete and discriminatory. She also says the school named could not meet her child’s needs.
The law provides a specific right of appeal against the setting named in a child’s EHC Plan. We will not investigate this part of Mrs X’s complaint because, it would have been reasonable for her to use her right of appeal to the Tribunal.
Final decision
We will not investigate Mrs X’s complaint because it would have been reasonable for her to use her right of appeal to the Tribunal.
Investigator's decision on behalf of the Ombudsman