Summary: We cannot investigate this complaint about how the Council responded to a Tribunal. The matter concerns the conduct of a special educational needs appeal and is a matter for the Tribunal, not the Ombudsman.

The complaint

1. Ms X says the Council failed to engage properly with a Special Educational Needs and Disability Tribunal, missing deadlines and delaying the Tribunal 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 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.

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How I considered this complaint

5. I considered information provided by the complainant and the Council.

I considered the Ombudsman’s Assessment Code.

Other matters regarding the Council’s actions in respect of a review of the child’s SEN and the education provided are being considered under complaint number 25 023 694.

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My assessment

6. How the Council responded to Tribunal deadlines and dealt with the Tribunal is something for the Tribunal to consider. We cannot do so.

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Final decision

7. We cannot investigate Ms X’s complaint because we are prevented from investigating matters that are for the Tribunal to resolve.

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Investigator's decision on behalf of the Ombudsman