Summary: We will not investigate Miss X’s complaint about an Education Health and Care Plan annual review failure. We cannot investigate the potential injustice caused by any Council failure, because we cannot investigate issues which are not separable from a Tribunal appeal.

The complaint

1. Miss X says the Council has failed to hold an annual review of her Education Health and Care Plan (EHC Plan).

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The Ombudsman’s role and powers

2. 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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:
• there is not enough evidence of fault to justify investigating; or
• any fault has not caused injustice to the person who complained; or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Miss X and the Council, and our decisions on previous complaints from Miss X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X’s complaint follows her previous complaints. We cannot investigate the events covered by those complaints.
7. Miss X says the Council has failed to hold an annual review of her EHC Plan. It held an annual review in February 2024. In March 2024 it issued a new amended EHC Plan. Miss X disagrees with this EHC Plan and has appealed it to the Tribunal.
8. We cannot investigate anything which is not separable from that appeal. There are two main injustices from not holding an annual review:
1. Delayed appeals rights. This does not apply to this case as an appeal is ongoing.
2. Potential delayed or failure to provide educational support. The Tribunal is considering and deciding the support Miss X needs. We cannot therefore investigate whether Miss X has missed support.

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Final decision

9. We will not investigate Miss X’s complaint because we cannot investigate issues which are not separable from a Tribunal appeal.

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Investigator's decision on behalf of the Ombudsman