The Ombudsman's final decision
Summary: Mr X complained the Council failed to properly assess his child’s home education. We cannot investigate this complaint. This is because Mr X is now engaged in court proceedings with the Council. We cannot investigate matters that are before a court.
The complaint
Mr X complained the Council failed to properly fulfil its responsibilities to make sure his child receives a proper education at home. He is concerned about the impact of inadequate education on his child’s wellbeing and development.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended) The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916) If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.
What I found
Mr X made a complaint to the Ombudsman.
In the weeks that followed Mr X decided to take the Council to court.
The Ombudsman is excluded from investigating matters which are before a court.
The substantive matters of Mr X’s complaint have not been investigated. I have ended the investigation because we are not permitted to consider matters that are before a court.
Decision We cannot investigate Mr X’s complaint because we cannot investigate matters that are before a court.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman