The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council carrying out a review of Mr X’s child’s speech and language therapy and sharing it without his permission. These matters are not separable from decisions about the nature of the child’s special educational needs, which it is for a Special Educational Needs and Disability Tribunal to decide.
The complaint
Mr X said a service the Council commissioned carried out a review of his child’s speech and language therapy (SALT) needs without his consent and another speech and language therapy reviewed his child without his consent. He said the Council used these reports anyway for a Special Educational Needs and Disability Tribunal.
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.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
It is clear from Mr X’s complaint and the Council’s response that the disputed assessments were used as part of the SEND Tribunal process. It would have been reasonable for Mr X to contest the use of these documents at the SEND Tribunal.
Final decision
We will not investigate Mr X’s complaint because the matters complained of are not separable from those that could and did form part of the SEND Tribunal process and which it would have been reasonable to contest there.
Investigator's decision on behalf of the Ombudsman