Summary: We will not investigate this complaint about the Council’s actions leading to the naming of a school in Mrs X’s daughter’s Education Health Care Plan. This is because Mrs X appealed to the First-tier Tribunal (Special Education Needs and Disability).

The complaint

1. Mrs X complained about the Council’s actions leading to the naming of a school in her daughter’s Educational Health Care Plan (EHCP). She said the Council has named a school that does not meet her daughter’s needs.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. In February 2021, the Council finalised Mrs X’s daughter’s EHCP. It named a school. Mrs X was unhappy about this as she had requested a different school in the area. She appealed to the First-tier Tribunal (Special Education Needs and Disability) SENDIST in February 2021.

Back to top

Final decision

6. We will not investigate Mrs X’s complaint because Mrs X appealed to the Special Education Needs and Disability Tribunal.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman