Isle of Wight Council (22 016 361)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 23 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the evidence an officer gave a Tribunal. We cannot investigate matters which formed part of a Tribunal.
The complaint
- The complainant, whom I shall call Miss X, says an officer gave inaccurate information to a Tribunal.
The Ombudsman’s role and powers
- We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X says that an officer who works for a college, appeared at a Tribunal to give evidence on behalf of the Council. She says the officer lied. She wants the officer removed from their position.
- We cannot investigate matters which have been part of a Tribunal. This includes the evidence given. The Tribunal has wide powers on the evidence given and can make cost orders.
Final decision
- We will not investigate Miss X’s complaint because we cannot investigate matters which have formed part of a Tribunal.
Investigator's decision on behalf of the Ombudsman