Summary: We will not investigate Mr X’s complaint about the Council’s handling of matters involving his child. We have already considered some of the concerns Mr X has raised. The remaining issues could reasonably be mentioned as part of ongoing legal proceedings on a closely related matter.

The complaint

1. Mr X complains there has been no plan in place for his child, Y’s transition to adulthood in line with the Special Educational Needs (SEN) Code of Practice. Mr X says the Council should have completed this in September 2022 and there are still no proper plans in place. He says this has caused significant distress to Y and their wider family. He wants an urgent plan put in place for Y.

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The Ombudsman’s role and powers

2. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In December 2022, we considered Mr X’s complaint about how the Council had handled transition planning for his child, Y. We concluded Mr X had a right of appeal to the First-tier Tribunal (Special Educational Needs and Disability). We will not entertain another complaint about these same issues now.
6. Y is a Looked After Child and was placed in the Council’s care in 2019/20. The Council is currently pursuing matters with the Court of Protection to determine Y’s capacity to decide where and with whom they want to live and their deprivation of liberty. The Council has told us Mr X is party to the Court of Protection proceedings, and a further hearing is scheduled for late Spring 2026.
7. It follows that the issues Mr X has complaint of could reasonably be mentioned as part of these legal proceedings. We will not investigate his complaint as this would risk stepping into the Court of Protection’s jurisdiction.

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Final decision

8. We will not investigate Mr X’s complaint because we have already considered some of the issues he has raised. It would also be reasonable for Mr X to raise remaining issues as part of the ongoing legal proceedings on a closely related matter.

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Investigator's decision on behalf of the Ombudsman