Summary: We cannot investigate this complaint about school transport arrangements for a young person. This is because her mother has started a court action, so the complaint is out of our jurisdiction.

The complaint

1. The complainant, referred to as Mrs B, says that when making transport arrangements to school for her 16-year old daughter A, the Council has not fully considered the extent of A’s special educational needs and the family circumstances.

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The Ombudsman’s role and powers

2. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I was notified by the Council that Mrs B has started judicial review proceedings regarding transport decision for A.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate Mrs B’s complaint because she has started a court action.

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Investigator's decision on behalf of the Ombudsman