Summary: We will not investigate this complaint about the Council’s actions regarding the complainant’s children’s home education. This is because the matters have been, or can be, raised in court.

The complaint

1. The complainant, who I will refer to as Miss X, complains that the Council is at fault in its actions relating to her children’s home education and in asking the Court to make School Attendance Orders.

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The Ombudsman’s role and powers

2. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X’s children are educated at home. Miss X says the Council has treated her family unfairly and has acted outside its powers in its monitoring of the education the children receive. She complains that it has now asked the Court to make School Attendance Orders.
7. The Ombudsman will not investigate this complaint. The decision to place the matter before the courts means that the education the children receive and the reasonableness of the Council’s actions are material to the court case. It will be for the Council to argue that orders are merited and Miss B will have the opportunity to defend herself. By law, the Ombudsman cannot consider what happens in court.

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Final decision

8. We will not investigate Miss B’s complaint because it concerns matters which have been, or can be, raised in court.

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Investigator's decision on behalf of the Ombudsman