Summary: We will not investigate this complaint about how the Council dealt with matters concerning a child’s Education Health and Care plan. This is because we have no power to investigate the conduct of councils during tribunal proceedings and because other matters are either raised late or better dealt with by another body.

The complaint

1. X complains about the way the Council conducted itself during an appeal to the Special Educational Needs and Disability (SEND) Tribunal and about information it provided to the Tribunal.
2. X also complains about comments made by a social worker in June 2024, that the Council delayed arranging alternative education provision until September 2024, and that the Council delayed signing a contract with a school in April 2025.
3. Finally, X complains that the Council delayed responding to their requests for information.

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The Ombudsman’s role and powers

4. 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)
5. We cannot investigate the council’s conduct during an appeal. This includes anything a complainant could have raised with the Tribunal at any stage of the appeal, or which the Tribunal has considered on its own initiative, or which could have been a part of the Tribunal’s deliberations in resolving the appeal. (R v Local Commissioner ex parte Bradford [1979]) and R (on application of Milburn) v Local Government and Social Care Ombudsman [2023] EWCA Civ 207)  
6. 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.
7. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
8. 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

9. I considered information provided by the complainant.
10. I considered the Ombudsman’s Assessment Code.

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My assessment

11. I cannot investigate X’s complaint about the actions of the Council during the appeal to the SEND Tribunal. The law prevents us from considering the matter appealed or related issues. The courts have decided this includes the Council’s conduct during the appeal process and information it provided to the SEND Tribunal.
12. I will not investigate X’s complaints about the actions of the Council between June 2024 and April 2025. This is because these complaints are made late and I see no good reason why X could not have complained sooner.
13. Finally, I will not investigate X’s complaint that the Council delayed responding to their requests for information. The Information Commissioner’s Office (ICO) is better placed to consider and decide data protection complaints, and it is reasonable to expect X to complain to the ICO. 

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Final decision

14. We will not investigate X’s complaint because we have no power to investigate the conduct of councils during tribunal proceedings and because other matters are raised late or are better dealt with by the ICO.

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Investigator's decision on behalf of the Ombudsman