Summary: We cannot investigate Ms X’s complaint the Council would not fund a social activity for her child. That is because Ms X has appealed the amount of social care support her child receives to the Tribunal. Therefore, the law says we cannot investigate.

The complaint

1. Ms X complained the Council would not provide a direct payment for her child, Y, without him being a Child in Need (CiN). Ms X said there was no reason for the Council to make Y a CiN to receive funding. She said the Council wanted to see Y every six-weeks before its Priority Panel would consider the request for a direct payment. She said this was unnecessary and that the Council’s actions had caused Y upset. Ms X wants the Council to fund a second social activity for Y.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the Tribunal in this decision statement.

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Y has an Education Health and Care Plan. (EHC Pan). Ms X had lodged an appeal with the SEND Tribunal about the contents of the Plan. That appeal includes the amount of social care the Council provides Y; Ms X wants the Council to fund a second weekly activity. The Tribunal has directed the Council to provide a description of Y’s social care needs and the provision needed to meet those needs.
8. We cannot investigate Ms X’s complaint the Council will not fund an additional social activity for Y unless he is a CiN. That is because Ms X has appealed to the Send Tribunal about the lack of social care support. The Council’s current social care assessment and decision’s about provision are not separable from Tribunal proceedings.

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Final decision

9. We cannot investigate Ms X’s complaint because she has appealed to the SEND Tribunal.

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Investigator's decision on behalf of the Ombudsman