The Ombudsman's final decision
Summary: We cannot investigate this complaint about the grounds on which the Council prosecuted Mrs X for failure to ensure school attendance. A legal bar prevents us investigating matters that have been subject to court action.
The complaint
Mrs X said the Council’s action in prosecuting her for her child taking a holiday in school term-time was no appropriate. She said the Council’s documentation was not clear or consistent, but it had not addressed this.
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 a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council’s action by contacting a court to prosecute Mrs X for the non-attendance of her child at school marked the onset of court action. The action concerned the matter she complains of to us. It was for the court to decide the matter based on the evidence before it. We are legally prevented from considering Mrs X’s case that the Council’s actions were wrong.
Final decision
We cannot investigate Mrs X’s complaint because the onset of legal action prevents us from investigating the matters complained of.
Investigator's decision on behalf of the Ombudsman