Summary: We will not investigate this complaint about the Council’s operational documents in respect of special educational needs and disabilities provision as this is best dealt with within the context of other complaints Mr X has made to us about the Council’s provision of such services to his own child.

The complaint

1. Mr X complains that in response to his Freedom of Information (FOI) request, the Council has told him it does not hold a consolidated operational document which sets out how it delivers Special Educational Needs and Disabilities (SEND) services.  Mr X says this has directly affected his child and that his family have faced inconsistent decision-making, lack of clear explanations, and difficulty challenging statutory decisions because there is no identifiable framework against which those decisions can be assessed. 

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The Ombudsman’s role and powers

2. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I recognise Mr X’s concerns, but we will not investigate this as a stand-alone matter but rather within the context of Mr X’s other complaints to us about the difficulties his family has experienced regarding the Council’s SEND provision for their child.
7. Any remaining dispute Mr X has about the Council not supplying to him specific documents it does hold is best dealt with by the Information Commissioner’s Office (ICO). It is the UK’s regulatory authority in respect of information rights.

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Final decision

8. We will not investigate Mr X’s complaint as a stand-alone matter, but it can be assessed within the context of the other complaints Mr X has made to us about the Council’s SEND provision in his own child’s case.

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Investigator's decision on behalf of the Ombudsman