Summary: We cannot investigate this complaint about the decision not to extend a temporary school placement for Mr X’s son, Y. This is because the Council had no part in arranging the placement and the decision not to extend it was one made by Y’s school, which is not a body within our jurisdiction.

The complaint

1. Mr X complains the Council has refused to continue his son Y’s temporary placement away from his usual school.

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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 unless it relates to special educational needs, when the schools are acting on behalf of the council to secure educational provision as set out in Section F of the young person’s Education, Health and Care Plan.

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. While the Council is currently in the process of issuing Y an Education, Health and Care (EHC) Plan, the temporary placement was not part of this process and the Council had no role in arranging or stopping it.
7. The placement was arranged by Y’s school and any decision about whether to extend was a matter for the school, rather than the Council. We cannot therefore investigate the issue as set out at Paragraph 3.

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Final decision

8. We cannot investigate this complaint. This is because it concerns the actions and decision of Y’s school, rather than the Council.

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Investigator's decision on behalf of the Ombudsman