The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint the Council delayed providing information to the SEND Tribunal dealing with his appeal. We cannot lawfully investigate actions relating to Mr X’s appeal to the Tribunal.
The complaint
Mr X complains the Council deliberately delayed providing the Special Educational Needs and Disability (SEND) Tribunal with information which resulted in the Tribunal adjourning the hearing for eight weeks. Mr X says this has delayed a decision on where he will continue his education in September and the content of his education health care plan. Mr X says the Council should pay his legal costs.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I have considered Mr X’s information and comments. The information includes the SEND Tribunal’s adjournment notice with directions. I have considered our decision statement dated April 2022 on Mr X’s related complaint.
My assessment
I cannot investigate Mr X’s complaint which is outside the Ombudsman’s jurisdiction (paragraph 2 and 3 above). Mr X appealed to the SEND Tribunal and the Ombudsman cannot investigate matters relating to the appeal such as the Council’s provision of information requested by the Tribunal or the Tribunal’s reasons for adjourning. The adjournment decision also gives the parties a date to provide position statements. We cannot investigate and therefore cannot provide Mr X with the remedy he wants.
Final decision
The Ombudsman cannot investigate Mr X’s complaint the Council delayed providing information to the SEND Tribunal. We cannot lawfully investigate actions relating to Mr X’s appeal to the Tribunal
Investigator's decision on behalf of the Ombudsman