Summary: We cannot investigate Mrs X’s complaint about the documents the Council submitted to a Tribunal.

The complaint

1. Mrs X says the Council failed to provide the right documents to a Tribunal. And she is unhappy with how the Council officers have communicated with her about this.

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The Ombudsman’s role and powers

2. In R (on application of Milburn) v Local Govt and Social Care Ombudsman & Anr [2023] EWCA Civ 207 the Court said s26(6)(a) of the Local Government Act prevents us from investigating a matter which forms the “main subject or substance” of an appeal to the Tribunal and also “those ancillary matters that may fall to be decided by the Tribunal… such as procedural failings or conduct which is said to be in breach of the [Tribunal] Rules, practice directions or directions or that is said to be unreasonable…”.
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 courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

5. I considered information provided by Mrs X and the Council’s replies to her.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X has appealed an Education Health and Care Plan to the Tribunal. She says the Council missed out key documents from the Tribunal ‘ bundle’. She says this led to an adjournment in the Tribunal proceedings. She says this delayed her child getting the education support they needed.
8. Mrs X complained to the Council about this and the officer’s responses to her. She says when she raised the missing documents the Council ignored her. She is not happy with the Council’ complaint responses.
9. We cannot investigate the Council’s actions about giving documents to a Tribunal. We also cannot investigate the Council complaint response to this.

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Final decision

10. We will not investigate Mrs X’s complaint because it is about events within Tribunal proceedings.

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Investigator's decision on behalf of the Ombudsman