Summary: We will not investigate this complaint about the Council’s handling of an Education Health and Care Plan appeal. This is because we cannot investigate a complaint if someone has appealed to a tribunal about the same matter.

The complaint

1. Ms X complains the Council:
• Changed her child’s Education, Health and Care Plan without her consent;
• Conducted itself poorly during the appeal process;
• Unfairly made referrals to Social Care; and
• Harassed her.
2. An Education, Health and Care (EHC) Plan is a document a child or young person with special educational needs may have. It sets out the child’s needs and what arrangements should be made to meet them.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
4. 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)
5. 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.

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How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X has appealed the contents of her child’s EHC Plan to the SEND Tribunal. She can raise her concerns about any changes made to the EHC Plan at the SEND Tribunal and therefore I cannot consider this matter further.
9. Ms X can also raise any concerns about the Council’s conduct at the SEND Tribunal and therefore I will not investigate this matter.
10. Ms X’s complaint about social care referrals made by the Council relate to the education provision for her child. This matter is not separable from her appeal to the SEND Tribunal and so I cannot investigate further.
11. Ms X’s complaint about harassment relates to disputes about her child’s education. Therefore this matter is not separable from her appeal to the SEND Tribunal and so I cannot investigate further.

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Final decision

12. We will not investigate Ms X’s complaint because Ms X has used her right of appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman