The Ombudsman's final decision
Summary: We will not investigate this complaint about Mrs X’s daughter’s special educational needs. The matters complained of are not separable from those subject to an appeal to the Special Educational Needs and Disability Tribunal. We cannot investigate what happens in schools.
The complaint
Mrs X said her daughter is a case of missed special educational needs (SEN). She said various officers of the Council, others who assessed her daughter, and teachers in a school were responsible for failing her daughter.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the SEND Tribunal in this decision statement.
We cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
A SEND Tribunal is considering how Mrs X‘s daughter’s SEN should best be met.
Final decision
We will not investigate Mrs X’s complaint because: whether her daughter’s SEN have been missed is for the SEND Tribunal to decide and the actions of the Council officers and others named are not separable from that; and we cannot investigate the actions of school staff.
Investigator's decision on behalf of the Ombudsman