Decision : Closed after initial enquiries
Decision date : 11 Sep 2017
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate Mr and Mrs J’s complaint that the Council has put forward a school which cannot meet their son’s SEN, because this is a matter which they have already taken to a tribunal.
- The complainants, whom I shall call Mr and Mrs J, complain that the Council put forward a school which is unsuitable for their son’s special educational needs (SEN).
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. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I have taken account of the information Mr and Mrs J sent with their complaint. I have given their representative the opportunity to comment on my draft decision.
What I found
- Mr and Mrs J’s son, B, has SEN. The Council prepared an education, health and care plan (EHCP) for him.
- Mr and Mrs J appealed to the first tier tribunal about the EHCP, because they disagreed with the Council about which school B should attend. So we cannot investigate their complaint, because this is a matter on which the tribunal has already adjudicated.
- We cannot investigate Mr and Mrs J’s complaint because they appealed to a tribunal for a decision about it.
Investigator's decision on behalf of the Ombudsman