Wirral Metropolitan Borough Council (22 003 524)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 23 Jun 2022
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the school named in an Education Health and Care Plan. This is because the complainant has appealed to the Special Educational Needs and Disability Tribunal. The complaint is therefore outside our jurisdiction
The complaint
- The complainant, whom I shall refer to as Mr X, complained about the school named in his son’s Education Health and Care Plan. Mr X wants his son to attend a different school.
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)
- The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the SEND Tribunal in this decision statement.
- The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
- I considered information provided by the complainant and the Ombudsman’s Assessment Code.
Final decision
- We cannot investigate Mr X’s complaint. This is because Mr X has appealed to the SEND Tribunal. His complaint cannot be separated from matters which the Tribunal will consider. It is therefore outside our jurisdiction with no discretion to investigate.
Investigator's decision on behalf of the Ombudsman