Summary: We cannot investigate Mrs X’s complaint about her daughter’s Education, Health and Care plan. Mrs X has already appealed to the Special Educational Needs and Disability Tribunal.

The complaint

1. Mrs X complains about the lack of physiotherapy from Kent Community Health NHS Foundation Trust (the Trust) in her daughter’s (B’s) Education, Health and Care (EHC) plan. Kent County Council is responsible for managing B’s EHC plan. Mrs X says the lack of physiotherapy impacts her daughter’s mobility and would like compensation to recognise her injustice.

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The Ombudsmen’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended and Health Service Commissioners Act 1993, section 4(1)(a))
3. SEND is a tribunal that considers special educational needs. (The Special Educational Needs and Disability Tribunal (‘SEND’)).
4. Children who have special educational needs may have an EHC Plan. This sets out the child’s special educational needs and the provision needed to meet them. Local authorities have a duty to secure the special educational provision set out in an EHC Plan, unless the parent or young person has made suitable alternative arrangements. (Children and Families Act 2014 section 42)

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How I considered this complaint

5. I have considered Mrs X’s information and spoken to her on the phone.
6. Mrs X had an opportunity to comment on my draft decision.

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What I found

7. In 2021, Mrs X appealed to the SEND Tribunal about Section’s G (health provision) and I (named school). Specifically, Mrs X was unhappy with the quality of the Trust’s input into the EHC plan.
8. Mrs X later withdrew from the SEND Tribunal after it recommend she obtain a private report if she was unhappy with the quality of the Trust’s report. Mrs X said she could not afford to do that.
9. I cannot investigate this complaint because it is outside the Ombudsmen’s jurisdiction. Mrs X complains about the same issue she has already appealed to the SEND Tribunal about.

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Final decision

10. I will not investigate Mrs X’s complaint because she has already appealed to the SEND Tribunal.

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Investigator's decision on behalf of the Ombudsman