Summary: The Ombudsman cannot not investigate Mr A’s complaint that the Council was at fault in its response to his request for school transport for his son. This is because Mr A has appealed to a tribunal.

The complaint

1. The complainant, who I will refer to as Mr A, complains that the Council was at fault in its response to his request for school transport for his son.

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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. (Local Government Act 1974, section 26(6)(a), as amended)
4. SEND is a tribunal that considers special educational needs. (The Special Educational Needs and Disability Tribunal (‘SEND’))

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How I considered this complaint

5. I have considered what Mr A has said in support of his complaint and in response to my draft decision.

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What I found

6. Mr A’s son has special educational needs and an Education Health and Care Plan (EHCP). He states that the Council provided school transport while his son was in primary education. However, it declined to provide school transport to his preferred secondary school, having named another school on the EHCP.
7. Mr A appealed unsuccessfully to SEND. He complains that the Council led him to believe that the SEND hearing was informal, thereby placing him at a disadvantage. He asserts that evidence the Council submitted to SEND was false.
8. Mr A took the matter to the Upper Tier Tribunal. He subsequently withdrew the appeal. He believes the Council acted unreasonably throughout the appeal process. He argues that the Council continues to be at fault in failing to provide transport for his son, causing his family significant distress and financial loss.
9. The Ombudsman cannot investigate Mr A’s complaint. He has used his right to appeal to SEND. This places matters all relating to school transport provision for Mr A’s son’s outside the Ombudsman’s jurisdiction.
10. The Ombudsman cannot consider whether the Council’s decision to refuse to provide school transport was reasonable because this was a matter for SEND. Neither can we consider the evidence the Council placed before SEND or the Upper Tier Tribunal. There is no discretion available to the Ombudsman on these matters.

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Final decision

11. The Ombudsman cannot investigate this complaint. This is because Mr A has appealed to a tribunal.

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Investigator's decision on behalf of the Ombudsman