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

  1. The complainant, whom I shall call Miss X, says an officer gave inaccurate information to a Tribunal.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. I considered information provided by Miss X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. 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.
  2. 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.

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Final decision

  1. We will not investigate Miss X’s complaint because we cannot investigate matters which have formed part of a Tribunal.

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Investigator's decision on behalf of the Ombudsman

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