The Ombudsman's final decision
Summary: We cannot investigate Mrs X’s complaint about how the Council has conducted itself during an appeal to the Tribunal. This is because the law prevents us from investigating complaints about matters that are subject to tribunal appeals.
The complaint
Mrs X complains that the Council has failed to follow directions made by a tribunal considering her appeal relating to her child’s Education Health and Care (EHC) Plan.
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 or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended) The First-tier Tribunal (Special Educational Needs and Disability - SEND) considers appeals against council decisions regarding special educational needs. We refer to it as the 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 cannot investigate Mrs X’s complaint about the Council’s behaviour during the SEND Tribunal process. The Courts have been clear that we have no power to look at these issues. The way the Council conducts itself within the SEND Tribunal is a matter for the Tribunal.
Final decision
We cannot investigate Mrs X’s complaint because the matter is subject to an appeal to the SEND Tribunal.
Investigator's decision on behalf of the Ombudsman