The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about the Council rejecting his application to enrol onto an adult education course. This is because the law prevents us from investigating such matters.
The complaint
Mr X complained the Council was inconsistent, unfair and not transparent when it rejected his application to enrol onto an adult education course. He also complained the Council poorly managed his complaint. He wants the Council to clearly explain to him its decision to reject his application with supporting evidence, to provide him with an apology and a financial remedy for the distress caused. He also wants the Council to make service improvements to prevent a recurrence of fault.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mr X’s complaint. The law prevents us from investigating complaints about the conduct, curriculum, internal organisation, management or discipline of an educational establishment maintained by the Council. This restriction also applies to adult education provision delivered by a local authority.
As we cannot investigate the substantive matter, we will not investigate Mr X’s concerns about how the Council managed his complaint. This is because we do not investigate standalone complaint handling as it is not a good use of public money to do so.
Final decision
We cannot investigate Mr X’s complaint because the law prevents us from investigating such matters.
Investigator's decision on behalf of the Ombudsman