Summary: We cannot investigate this complaint about the Council failing to make adjustments for Mr X’s disability in conducting a school admission appeal hearing. This is because Mr X has started court action against the Council regarding these matters and a legal bar thus now permanently prevents us investigating them.

The complaint

1. Mr X complained the Council failed to make adjustments necessary for his disability during the conduct of a school admission appeal hearing.

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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 a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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Final decision

6. We cannot investigate Mr X’s complaint because he has started court action about the same matters.

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Investigator's decision on behalf of the Ombudsman