Summary: We cannot investigate this complaint about the named placement in Y’s Education, Health and Care Plan or the education provision since 2019. This is because Miss X has appealed the named placement to the Tribunal, and the other matters are late.

The complaint

1. Miss X complains about the educational placement that was named in Y’s Education, Health and Care (EHC) Plan by the Council in August 2023 following Y’s annual review.
2. She also complains about the educational provision provided since 2019, stating that this has caused distress and led to Y missing education.
3. Miss X seeks an apology and assurances that others will not face similar issues.

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The Ombudsman’s role and powers

4. 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.
5. 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)
6. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Following an annual review in June 2023, the Council named an interim placement in Y’s EHC Plan at a short stay school, until a long-term placement could be identified. Miss X appealed the decision to the Tribunal in September 2023. The Tribunal heard the appeal in July 2024. We cannot investigate Miss X’s disagreement with the named placement, or the education provided to Y whilst awaiting the appeal. Miss X used her right of appeal to a Tribunal and the law says we cannot investigate any matter which was part of, connected to or could have been part of an appeal to Tribunal.
10. Miss X also complains that Y has lacked suitable education and support since 2019. We cannot investigate the educational provision from when the EHC Plan annual review took place in June 2023 onwards because it relates to the Tribunal appeal. Any matter in relation to the education provision before June 2023 is outside our 12-month time limit, so it is late. I have seen no good reason why Miss X could not have raised it sooner so we will not exercise discretion to investigate this part of the complaint.

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Final decision

11. We cannot investigate Miss X’s complaint because she has appealed to the Tribunal, and the other matters are late.

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Investigator's decision on behalf of the Ombudsman