Autistic young man succeeds in showing Ombudsman has broader jurisdiction to investigate SEND complaints

An autistic young man, Philip Milburn, has succeeded in part of his judicial review claim against the Local Government and Social Care Ombudsman, which dismissed part of his complaint against Oldham Council in relation to alleged maladministration by the Council towards him.

Steve Broach acted for Mr Milburn in his judicial review claim, leading Alice Irving. HHJ Sephton QC gave judgment on 6 July 2022, finding that the Ombudsman was wrong to decide that he could not investigate the complaint that the Council had made numerous claims it had sought Mr Milburn's views when in fact it had not. The Court held the Ombudsman did have jurisdiction to consider this complaint and had not given adequate reasons for refusing to do so.

Other aspects of Mr Milburn's claim failed, on the basis that the Ombudsman was correct to find that he did not have jurisdiction in those areas. Mr Milburn has instructed his legal team to ask the Court of Appeal to grant permission to appeal on those points.

Further information is available in the press release from Irwin Mitchell LLP.

The judgment has not yet been posted on the official web pages, but is available here.