Bury Metropolitan Borough Council (21 012 128)
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about an incident during an adult education class. This is because the law prevents from investigating complaints about the provision of education.
The complaint
- The complainant, whom I refer to as Mr X, complains about the way he was treated following an adult education class.
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 complaints about what happens in schools and adult education classes. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
- Mr X attended an adult education course. After one class staff contacted Mr X about comments he had made during the class. Mr X says he has been humiliated and demeaned and the Council has made it impossible for him to return to the course. He says he has been denied the right to freedom of expression and says there was nothing wrong with what he said or how he spoke.
- The course was run by the Council’s Adult Learning Service. The law says we cannot investigate any complaint that concerns the giving of instruction or the conduct, management or discipline of any educational establishment run by the Council. This restriction applies to Adult Education. Mr X’s complaint is about the management and conduct of his course so I have no power to start an investigation.
Final decision
- I cannot start an investigation because I have no power to investigate complaints about adult educations centres or courses.
Investigator's decision on behalf of the Ombudsman