Summary: The Ombudsman cannot investigate Ms X’s complaint about her son’s special educational needs and the Council’s evidence at the Special Educational Needs Tribunal. Ms X’s complaint is outside the Ombudsman’s jurisdiction because Ms X has appealed to the Tribunal.

The complaint

1. Ms X complains that the Council’s officer at the Special Educational Needs and Disability (SEND) Tribunal hearing was not professional or honest in his evidence. Ms X objects to the Council’s witnesses from its educational vision support service and wants them withdrawn. Ms X says the school placement does not meet her son’s needs and she does not agree with its behaviour management plan or restraint methods. Ms X says the Council ‘stood down’ her complaint about these matters. Ms X says the Council’s vision support service is guilty of disability discrimination against her son.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
3. SEND is a tribunal that considers special educational needs. (The Special Educational Needs and Disability Tribunal (‘SEND’))
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I have considered Ms X’s information and comments.

What I found

6. In November 2019 Ms X’s appeal to the SEND Tribunal was heard. Ms X says she lost the appeal and has appealed against that decision to a Judge.

Analysis

7. The Ombudsman cannot investigate Ms X’s complaint because she has used her right of appeal to a tribunal (see paragraph 2). Ms X’s complaints are outside the Ombudsman’s jurisdiction including any dispute about the named school, the Council’s evidence and its witnesses. The Ombudsman cannot investigate what happens at a tribunal.
8. A claim for disability discrimination is outside the Ombudsman’s jurisdiction because Ms X has a legal remedy at court (paragraph 4). I consider it reasonable for Ms X to use her remedy if she wishes to pursue the matter. A court has the power to decide if there has been discrimination.
9. The Ombudsman does not normally investigate complaint handling where a legal remedy has been used. The courts have indicated that where an educational appeal has been used the complaint handling is also outside our jurisdiction.

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Final decision

10. The Ombudsman cannot investigate Ms X’s complaint about her son’s special educational needs and the Council’s evidence at the Special Educational Needs Tribunal. Ms X’s complaint is outside the Ombudsman’s jurisdiction because Ms X has used her right of appeal to the Tribunal.

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Investigator's decision on behalf of the Ombudsman