The Ombudsman's final decision
Summary: We will not investigate this complaint about a Council forcing Ms X to appeal to the SEND Tribunal and of the Council’s conduct during the appeal process. This is because Ms X has used her right of appeal and the complaint is outside the Ombudsman’s jurisdiction.
The complaint
Ms X complains the Council forced her to appeal to the Tribunal as she feels the Council could have settled the dispute without her appealing. She also complains about the Council’s conduct during the appeal process. She says this prolonged the Tribunal process.
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) 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.
The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We acknowledge Ms X feels the Council could have settled the dispute without the need for an appeal. However, Ms X has used her right of appeal to the SEND Tribunal. When an appeal has been made, the Ombudsman has no jurisdiction to consider related matters from the point at which appeal rights were engaged to the point at which the SEND Tribunal issues its decision. The Courts have held that this restriction applies to anything related to the matters at issue in the appeal.
Further, the way the Council conducted itself and the information it provided during the Tribunal process is a matter for the Tribunal. The Tribunal can make case management directions, has powers to deal with non-compliance, and can make cost orders. Therefore, this matter is outside the Ombudsman’s jurisdiction.
Final decision
We will not investigate Ms X’s complaint because she has used her right of appeal to the Tribunal and the complaint is outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman