the law says we cannot investigate complaints about the delivery of education or what happens in schools or colleges. This restriction applies to complaints about adult education.
The complaint
The complainant, whom I shall refer to as Mr X, complained about an adult education course he attended. Mr X said unexpected absence by the tutor affected the quality of the course and his learning. Mr X wants the Council to accept failures of management and to change its policies and terms of employment.
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 most complaints about what happens in schools or other education establishments. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
How I considered this complaint
I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mr X’s complaint. This is because Section 5.5 of the Local Government Act says we cannot investigate any action by a council concerning the “conduct, curriculum, internal organisation, management or discipline in any school or other educational establishment maintained by the authority, except so far as relating to special educational needs”. The nature of Mr X’s complaint means it is caught by this exclusion and it is not one we have any powers to consider.
Final decision
We cannot investigate Mr X’s complaint about adult education because it is outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman