Summary: We cannot investigate this complaint about how the Council handled its special educational needs process for Ms X’s child. This is because the matters were or could have been considered by the First-tier Tribunal.

The complaint

1. Ms X complained that the Council handled the special education needs process for her child poorly. The associated delay and instability had a significant impact on her child’s mental health.

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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 about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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 Tribunal in this decision statement.
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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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. Ms X complained to the Council about the handling of her child’s special educational needs. Her complaint concerned the Council’s actions during the appeal process, which she said led to the adjournment of the Tribunal, causing her significant financial loss.
9. The Ombudsman cannot investigate Ms X’s complaint. This is because the evidence shows that the issue of her child’s special educational needs provision has been considered by the Tribunal.
10. By law we cannot investigate a complaint if someone has appealed to a tribunal about the same matter. The courts have decided that we also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. This restriction applies to the Council’s conduct during the Tribunal process.
11. We acknowledge that the Council has accepted fault, made an offer of a financial remedy and indicated a commitment to improving its related services.
12. Ms X complained that the Council delayed responding to her subject access request. This is a matter which she may bring to the attention of the Information Commissioner’s Office.

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Final decision

13. We will not investigate Ms X’s complaint because the matters were or could have been considered by the Tribunal.

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Investigator's decision on behalf of the Ombudsman