The Ombudsman's final decision
Summary: We will not investigate this complaint about a child’s education because the complainant has initiated legal proceedings against the Council.
The complaint
Mrs X complains about the Council’s and School’s actions which led to her child missing out on education and the support in his education, health and care plan.
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 appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), 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) We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X has commenced legal proceedings related to the matters she has complained of. As explained above in paragraphs 3, 4 and 5, we cannot investigate these complaints.
Final decision
We cannot investigate Mrs X’s complaint because she has commenced legal proceedings.
Investigator's decision on behalf of the Ombudsman