The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council failing to consider Mr X’s child’s needs when deciding his education placement through the EHCP process. This is because Mr X has a right of appeal to a Tribunal and it is reasonable to expect him to use it.
The complaint
Mr X says his child’s Education, Health and Care Plan (EHCP) does not properly reflect his current needs and circumstances.
Mr X says the Council failed to take account of changed family circumstances, including the fact his children now live across two households and the practical benefits of siblings attending the same school. Mr X wants the Council to change the school placement.
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 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 Mr X which includes the Council’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the uncertainty about his child’s school placement has caused significant stress and practical difficulties. He says having his children attend different schools creates challenges around transport, school runs and maintaining routines. Mr X wants the Council to reconsider his child’s school placement.
We will not investigate. Where a parent disagrees with the contents of an EHCP, including the educational placement named in Section I, or considers the EHCP does not adequately reflect a child's special educational needs, there is a right of appeal to the First-tier Tribunal (Special Educational Needs and Disability). The Tribunal is specifically empowered to consider whether the EHCP accurately identifies and provides for the child's needs and whether the named school is appropriate.
The issues raised in this complaint are inseparable from the content of the EHCP and the placement decision. The complainant contends the EHCP review process failed to result in a placement that properly reflects Mr X’s child’s needs and circumstances. These are matters that fall within the Tribunal's jurisdiction and are therefore matters it is reasonable to expect Mr X to pursue through the statutory appeal process.
I have not identified any separate administrative issues causing a distinct injustice that can be considered independently of the EHCP content and placement dispute. The complaint is fundamentally about the suitability of the educational provision and school named for Mr X’s child, so we will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to appeal to the Tribunal.
Investigator's decision on behalf of the Ombudsman