The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council has dealt with matters relating to a child’s education and social care provision. This is because the issues raised are not separable from those appealed to a tribunal.
The complaint
Ms X complains about how the Council has dealt with her child’s education, Special Educational Needs (SEN) and social care provision. Ms X also complains that the Council has refused to hold a Team Around the Family (TAF) meeting.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) 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.
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Ms X’s complaint about how the Council has dealt with Ms X’s child’s education and SEN provision going back to November 2022, including the Council’s decision to classify her child as missing education and its decision to serve a school attendance order notice. This is because these matters have previously been considered by the Ombudsman. I will also not investigate Ms X’s complaint about her child’s ongoing SEN provision for the same reason.
The Council issued Ms X’s child with an Education Health and Care (EHC) plan in July 2023 which named a school placement. Ms X appealed the contents of the EHC plan to the SEND Tribunal. As part of Ms X appeal she disagreed with the Council’s decision to name a school placement, rather than an Education Other Than At School (EOTAS) package. The Tribunal extended Ms X’s appeal to consider what health and social care provision should be met.
I cannot investigate Ms X’s complaint that the Council has failed to meet her child’s education provision from September 2023 to the present day. Ms X feels her child’s school cannot meet their needs and the Council should arrange alternative provision. However, this is not separable from Ms X’s appeal to the SEND Tribunal which is considering the suitability of the school named and what if any alternative provision should be in place.
I will also not investigate Ms X’s complaint that the Council refused to arrange a TAF meeting. This is because Ms X’s reason for wanting a TAF meeting is to discuss her son’s unmet education, SEN and social care needs. These needs are being considered by the SEND Tribunal and therefore this is also not separable from her appeal.
Final decision
We will not investigate Ms X’s complaint because it concerns matters that are not separable from her appeal to the SEND Tribunal.
Investigator's decision on behalf of the Ombudsman