Summary: We will not investigate Mrs X’s complaint the Council did not agree to amend Mr X’s Educational Health and Care Plan. These decisions carry a right of appeal which it would be reasonable for Mrs X to use.

The complaint

1. Mrs X complains the Council did not agree to amend her nephew’s (Mr X) Educational Health and Care (EHC) Plan. She says that this issue has caused a great deal of distress and upset.

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The Ombudsman’s role and powers

2. 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about this matter. We may decide to investigate if we consider it would be unreasonable to expect the person to use this right but cannot investigate if they have already used it. (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 about special educational needs. We refer to it as the SEND Tribunal in this decision statement.

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. A child or young person with special educational needs may have an EHC Plan. This sets out the child’s needs and what arrangements should be made to meet

them. The EHC Plan is set out in sections. We cannot direct changes to the sections about their needs, education, or the name of the educational placement. Only the SEND Tribunal or council can do this.

8. The Council reviewed Mr X’s EHC Plan and decided to maintain it, that is to make no changes. It is reasonable for Mrs X to use her right to appeal this decision if she disagrees, and I will therefore not investigate.

Final decision

9. We will not investigate Mrs X’s complaint because it is reasonable for her to use her right of appeal to the SEND Tribunal about this matter.

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Investigator's decision on behalf of the Ombudsman