Summary: We cannot investigate this complaint about the education provision for Mrs X’s child. This is because she has used her right of appeal to the SEND Tribunal and her complaint is not separable from that appeal.

The complaint

1. Mrs X complains that the Council has failed to arrange suitable full time education provision for her child, Z. Mrs X says Z is unable to attend her school because of unmet Special Educational Needs (SEN)

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 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.

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council received an application to carry out an Education Health and Care (EHC) needs assessment for Z. The Council concluded that whilst Z does have additional needs, they could be met by her current school without the need for an EHC Plan. It therefore refused to carry out an EHC needs assessment. Mrs X appealed this decision to the SEND Tribunal.
8. I cannot investigate Mrs X’s complaint. This is because she has appealed the Council’s decision not to carry out EHC needs assessments for Z to the SEND Tribunal. Mrs X’s complaint that Z is out of education due to unmet needs is not separable from the issue that is subject to the appeal to the SEND Tribunal.

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Final decision

9. We cannot investigate Mrs X’s complaint because she has used her right of appeal to the SEND Tribunal and her complaint is not separable from that appeal.

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Investigator's decision on behalf of the Ombudsman