The Ombudsman's final decision
Summary: We cannot investigate Mrs X’s complaint that the Council failed to amend her child’s Education Health and Care Plan in line with a tribunal order. This is because she has commenced court proceedings about the same matters.
The complaint
Mrs X complains that the Council failed to amend her child’s Education Health and Care (EHC) Plan in accordance with a tribunal order.
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 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I cannot consider Mrs X’s complaint. This is because she has commenced court proceedings against the Council in relation to the issues raised in her complaint.
Final decision
We will not investigate Mrs X’s complaint because she has commenced court proceedings about the same matters.
Investigator's decision on behalf of the Ombudsman