Summary: We will not investigate Miss X complaint about her child B, not receiving an education. B is not of compulsory school age. And it is reasonable to expect Miss X to have appealed the Council’s decision to cease an Education Health and Care Plan.

The complaint

1. Miss X says the Council is failing to provide an education to her child, B.

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The Ombudsman’s role and powers

2. 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)
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. (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’s replies to Miss X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. B is over 16. B had an Education Health and Care Plan (EHC Plan). In June 2024, the Council wrote to Miss X to inform her it intended to ‘cease to maintain’ B’s EHC Plan. It says Miss X did not reply and it ceased the EHC Plan in August. The notice explained that Miss X had a right of appeal to the Tribunal.
7. We will not investigate the Council’s decision to stop having an EHC Plan as it is reasonable to expect Miss X to have appealed.
8. As B is over 16 they are not of compulsory school age. The Council has no duty to provide an education to B. The Council has provided Miss X advice on where she can get help and possible options. We will not investigate B not currently receiving an education, as it is unlikely we would find Council fault.

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Final decision

9. We will not investigate Miss X’s complaint because it is reasonable to expect her to have appealed the Council’s decision to cease to maintain an EHC Plan. It is unlikely we would find Council fault that B is currently not receiving education as B is not of compulsory school age.

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Investigator's decision on behalf of the Ombudsman