Summary: The Ombudsman cannot investigate this complaint about the complainant’s dissatisfaction with an adult education course. This is because the law prevents the Ombudsman from investigating any matter linked to the provision of education. This restriction applies to adult education and to the Council’s investigation of the complaint.

The complaint

1. The complainant, whom I refer to as Ms X, complains about many things that happened while she was a student on an adult education course. She also complains about the way the Council handled her complaint about what happened while she was a student.

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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.
3. We cannot investigate complaints about what happens in schools or adult education centres. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)

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How I considered this complaint

4. I read the complaint and additional emails sent by Ms X. I considered the Council’s responses and comments Ms X made in response to a draft of this decision.

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What I found

What happened

5. Ms X was a student on an adult education course run by the Council. Ms X complains about many issues including, for example, that the tutor asked her to do inappropriate tasks, that the tutor took no action when someone shouted at Ms X, and that the standard of teaching was poor. Ms X says the Council failed to investigate her complaints properly. She says the Council did not contact her about the issues and did not contact any witnesses. She says she was discriminated against and treated unfairly. Ms X wants the Ombudsman to investigate how the Council handled her complaint.

Assessment

6. The law says the Ombudsman cannot investigate any complaint linked to the giving of instruction, or the conduct, management or discipline in any school or college run by the Council. This includes adult education centres. Ms X is complaining about events that occurred while she was a student and about the quality of the teaching. All her complaints are caught by the restriction prohibiting an investigation. There is no part of the complaint that I can investigate.
7. The courts have established that the Ombudsman cannot investigate how a Council dealt with a complaint when the main issue is one that he has no power to investigate. In any, words, I have no power to investigate how the Council investigated Ms X’s complaints about the course. This restriction applies even though Ms X remains dissatisfied with the way the Council handled her complaint.

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Final decision

8. I cannot start an investigation because the law prevents me from investigating what happened on the adult education course. The law also prevents me from investigating how the Council dealt with the complaint.

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Investigator's decision on behalf of the Ombudsman