Summary: We will not investigate Mrs X’s complaint about the Council’s refusal to carry out an Education, Health and Care Needs Assessment for her child. This is because it is reasonable for Mrs X to appeal to a tribunal.

The complaint

1. Mrs X complains about the Council’s refusal to carry out an Education, Health and Care needs assessment for her child. She says its decision-making is unlawful.

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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. 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)
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 SEND Tribunal in this decision statement.

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How I considered this complaint

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

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Final decision

7. We will not investigate Mrs X’s complaint because it is reasonable to expect her to appeal to the SEND Tribunal. It is the appropriate body to review the Council’s decision and decision-making process.

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Investigator's decision on behalf of the Ombudsman