Summary: We cannot investigate this complaint about the Council’s actions relating to an appeal to the Special Educational Needs and Disability Tribunal. The complaint is outside our jurisdiction with no discretion to investigate.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained about the conduct of council officers during an appeal to the Special Educational Needs and Disability Tribunal. Mrs X is also unhappy the Council has decided not to escalate her complaint to the second stage of its complaints process.

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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. 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.
5. 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))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We cannot investigate Mrs X’s complaint.
9. This is because Mrs X has appealed to the SEND Tribunal. When a parent has appealed, the Ombudsman has no jurisdiction to consider related matters from the point at which the appeal rights were engaged to when the SEND Tribunal issued its decision. This exclusion includes the conduct of officers during the appeal process and any information provided by the Council, such as reports or witness statements. There is no discretion available to us in this matter.
10. The Council’s decision not to investigate the complaint is also not something we can consider. This is because it is linked to a matter which is outside our jurisdiction.
11. We have no powers to consider Mrs X’s complaint.

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Final decision

12. We cannot investigate Mrs X’s complaint because she has used her right of appeal to the Tribunal. The complaint is outside our jurisdiction with no discretion to investigate.

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Investigator's decision on behalf of the Ombudsman