Can you complain to the Ombudsman about a SEND issue?

Yes, but generally only for issues that fall outside what the SEND Tribunal can decide, since the Local Government and Social Care Ombudsman won't usually investigate something you already have a right to appeal.

What's the actual boundary?

Under the Local Government Act 1974, where you have a right of appeal to a tribunal on a matter, the Ombudsman doesn't normally have jurisdiction over it. So a decision to refuse an assessment, refuse to issue a plan, or the contents of Section B, F, or I, all appealable to the SEND Tribunal, generally aren't things the Ombudsman will separately investigate.

So what does the Ombudsman actually look at?

1. Delay, for example a local authority taking far longer than the statutory 16 or 20-week timescales without good reason
2. Maladministration, such as failing to follow its own process properly
3. A local authority not delivering provision already agreed in a plan, where this isn't itself a decision that's separately appealable

Do I need to complain to the council first?

Generally yes. The Ombudsman expects you to have gone through the local authority's own complaints process first, and will usually only step in once that's been exhausted, or the local authority hasn't responded reasonably.

What can the Ombudsman actually do?

It can find maladministration and recommend a remedy, which might include an apology, a specific action, or in some cases a financial payment. Its recommendations aren't the same as a Tribunal order, but local authorities do generally act on them.

Working out whether your specific situation is actually a Tribunal matter, an Ombudsman matter, or something else entirely is one of the most common points of confusion parents face. SEND Assistant helps you understand which route actually fits what's happened. Try SEND Assistant free.

Frequently asked questions

Can I complain to the Ombudsman and appeal to the Tribunal at the same time?

Generally no, if the same issue is appealable to the Tribunal, the Ombudsman won't usually look at it in parallel.

Is there a cost to complaining to the Ombudsman?

No, it's a free service.

How long does an Ombudsman investigation take?

This varies by case and current caseload, there's no fixed national timescale.

What if the local authority ignores my complaint entirely?

That's exactly the kind of situation, an authority not engaging properly with its own complaints process, the Ombudsman can look at.

Is the Ombudsman the same as judicial review?

No, they're different routes. Judicial review is a court process specifically about whether a public body acted lawfully, the Ombudsman is a non-court complaints service focused on maladministration.

This article is for general information only and does not constitute legal advice. Access to Justice is not a law firm and cannot represent you.