Summary: Miss X complained about failings in respect of special educational needs, health care, safeguarding and social care for two of her children. During the course of our investigation, we found out Miss X had made a judicial review application. As a result, the Ombudsman has no jurisdiction to consider her complaint.

The complaint

1. Miss X complained the Council failed to ensure her children received the education and support they need since July 2022. She says the Council has failed to:

• Provide the provision set out in her children’s education health and care plans.
• Provide alternative provision when her children could not attend school.
• Allow her involvement in her children’s annual reviews.
• Provide support in the form of respite, holiday clubs and referrals to neurodevelopmental disability as requested.
• Deal with concerns about her children’s safety at school.

2. Further she says the Council has unreasonably undertaken child protection reviews without involving her or explaining what action is being taken.
3. Miss X says as well as meaning her children have not received the education and services they are entitled to, the Council’s failures have caused significant distress to all the family.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
6. 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))
7. 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)

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How I considered this complaint

8. As part of the investigation, I have:
• considered the complaint and the documents provided by the complainant;
• made enquiries of the Council and considered the comments and documents the Council provided;
• spoken with the complainant;
• sent my draft decision to both the Council and the complainant and taken account of their comments in reaching my final decision.

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What I found

9. Miss X is a single parent and two of her children have special educational needs. She has been in contact with the schools and the Council about the problems her children are experiencing and the lack of education, social care and health care. She says the special needs provision set out in the EHC Plans for both children is not being provided and the children are not in school.
10. When Miss X complained to the Ombudsman we wrote to the Council making enquiries and seeking evidence of its actions. While considering that information, the Council notified us that Miss X had made a judicial review application to the courts. The application was concerned with the same issues that she has raised with the Ombudsman.
11. As explained above, there are restrictions on the matters the Ombudsman can consider. Once a person has taken court action, using their right to seek an alternative remedy, the law prevents the Ombudsman from considering those matters. I have seen evidence that Miss X submitted a judicial review application to the Court on 17 July 2024.
12. The Ombudsman has previously received counsel’s advice that submitting a complaint to the Court for permission to take judicial review proceedings amounts to using an alternative remedy even if the application is rejected or withdrawn before the hearing. In such cases, the Ombudsman cannot exercise discretion to investigation.
13. Our jurisdiction ended when Miss X submitted her judicial review application. I have seen the court submission. I am satisfied the matters Miss X has complained to us about are so closely related to the matters set out in the judicial review application that nothing could be considered separately.

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Final decision

14. This complaint falls outside the Ombudsman’s jurisdiction because Ms X has submitted a judicial review application to the court.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman