Piffs Elm Limited, R (on the application of) v Commission for Local Administration in England & Anor.
[2023] EWCA Civ 486
Philip Milburn, R (on the application of) v The Local Government and Social Care Ombudsman
28 February 2023
[2023] EWCA Civ 207
Court of Appeal
A family complained to the Ombudsman about a council's behavior during their son's education appeal. The court said the Ombudsman couldn't get involved because the complaints were about things the education appeal already covered. The court said it was important to look at what the complaints were *really* about, not just the specific wording.
Key Facts
- •Mr. Milburn, an autistic man, appealed a Local Authority's decision to cease his EHCP to SENDIST.
- •SENDIST ordered a bespoke education package.
- •Mr. Milburn and his mother complained to the Local Authority and then the Ombudsman about the Authority's conduct during the SENDIST appeal.
- •The Ombudsman declined jurisdiction over some complaints, stating they were 'inextricably linked' to the SENDIST appeal.
- •Mr. Milburn appealed the Ombudsman's decision to the High Court, and then to the Court of Appeal.
Legal Principles
The Ombudsman cannot investigate matters where the person affected has a right of appeal, reference, or review to a tribunal.
Local Government Act 1974, section 26(6)(a)
The Ombudsman's jurisdiction is excluded if the complaint is inextricably linked to matters already decided by a tribunal, even if the tribunal didn't provide a full remedy.
R (on the application of ER) v The Commissioner for Local Government Administration [2014] EWCA Civ 1407
Local Authorities must have regard to the views, wishes, and feelings of children and young people with special needs when exercising functions under Part 3 of the Children and Families Act 2014.
Children and Families Act 2014, section 19
SENDIST has extensive case management powers to deal with procedural issues and unreasonable conduct during proceedings.
Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
Outcomes
The Court of Appeal upheld the High Court's decision.
The Ombudsman correctly declined jurisdiction because the complaints were either directly about matters decided by SENDIST or were procedural issues within SENDIST's purview. The Court emphasized the importance of focusing on the substance of the complaints, not technical formulations.