The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint that the Council’s actions delayed an Education Health and Care needs assessment. This is because Miss X used her right of appeal to a tribunal and we cannot investigate the actions of the Council during that appeal.
The complaint
Miss X complains that the Council delayed providing information concerning its decision to refuse her request for an Education Health and Care (EHC) needs assessment. Miss X says the Council’s actions caused delay and meant her child went without education.
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 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) 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X applied for an EHC needs assessment for her child. The Council made the decision to refuse the application. Miss X appealed the Council’s decision to the SEND Tribunal, but shortly after moved to a different Local Authority area.
The appeal was transferred to Miss X’s new Local Authority who asked the Council to provide it with information relating to its decision not to assess. The Council didn’t provide the information, so the SEND Tribunal transferred the appeal back to the Council and ordered the Council to provide the information which it did in September.
I cannot investigate Miss X’s complaint. This is because it concerns the actions of the Council during an appeal to a tribunal. We have no discretion to consider the issues Miss X has raised.
Final decision
We cannot investigate Miss X’s complaint because she used her right of appeal to a tribunal, and we cannot investigate the actions of the Council during that appeal.
Investigator's decision on behalf of the Ombudsman