Summary: The Ombudsman cannot investigate this complaint about the actions of an Educational Welfare Officer (EWO), and the lack of support for her children at their previous school. This is because the Council is not responsible for the matters complained of. The school concerned is an academy and regulation of its actions, and those of its employees, is not an administrative function of the Council.

The complaint

1. The complainant, who I refer to here as Miss O, says that:
• Her children did not receive the support they needed at the School;
• Their medical issues were not recognised;
• She was unfairly threatened with prosecution by an EWO for the children’s poor attendance; and
• The Council has not recognised and supported their Special Educational Needs (SEN).

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.

We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as Academies. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

4. I considered the information provided by Miss O and by the Council. I also sent her an initial view for her comments.

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What I found

5. Miss O complains that her children were not being properly supported at their school. Their SEN and their medical needs were not recognised, and Miss O was unfairly threatened with prosecution by an EWO for the children’s poor attendance.
6. Although the children are now attending alternative educational establishments, Miss O remains unhappy with the service that she received.
7. We are not able to investigate this complaint, however, as the Council is not responsible for the matters that Miss O complains about. The school concerned is an academy and is responsible for its own SEN provision and attendance enforcement. The EWO is employed by the School, not by the Council.
8. I note, however, that the Council says it took action that resulted in the threatened prosecution being dropped.
9. We cannot look at the actions of the School, as Academies are out of our jurisdiction. I understand that Miss O has complained to the School’s governors. She remains dissatisfied, and has the right to take the complaint to the Education and Skills Funding Agency.
10. Finally Miss O complains that the Council has not made Education and Health Care (EHC) assessment for her children. The Council says that no request has been made. A request can be made to the Council for EHC assessment either by the current school or by Mrs O herself. If it is refused she would have the right to appeal to the Special Educational Needs and Disability Tribunal.

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Final decision

11. I cannot investigate this complaint because the issues are not administrative function of the Council.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman