Summary: We will not investigate this complaint about education provision for a young adult. This is because parts of the complaint are out of our jurisdiction, and there is no evidence of fault by the Council regarding the discontinuation of an Education and Health Care Plan (EHCP).

The complaint

1. The complainant, who I refer to here as Mr Q, says that:
• His college has not awarded him the grades that he believes he should have had at A level, and has not considered his appeal properly;
• His college has not responded properly to his Subject Access Request (SAR);
• He is not receiving the support specified in his EHCP; and
• The Council has refused to respond to his complaint.

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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. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered the information provided by Mr Q and by the Council. I have also made enquiries of Mr Q and sent him a draft decision.

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What I found

6. Mr Q attended a college at which he took A levels in order to gain a place at university. Mr Q says that the college did not award him the grades that he expected and believes he deserved at A level. He appealed, but says that his appeal was not properly considered.
7. Mr Q further says that the college has not provided a proper response to his SAR.
8. We cannot consider either of these issues as they are out of our jurisdiction. We may not consider any action by an educational establishment. However, Mr Q can approach the Information Commissioner’s Office with reference to his SAR, as that is the body established to consider such complaints.
9. Mr Q also says that he planned to re-take his A levels to obtain the grades that he wanted. He says that the Council is not providing the support required by his EHCP. Further, he complains that the Council has not responded to his complaint about this matter.
10. The Council has now provided a response to the complaint. It says it had to discontinue Mr Q’s EHCP because he is now attending university. It says that his mother confirmed in a letter that he attended the university induction and that it has been given no information to suggest that Mr Q subsequently withdrew.
11. I will not investigate this part of the complaint as there is no evidence of fault by the Council.

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Final decision

12. I will not investigate the substantive matter in this complaint as there is no evidence of fault by the Council. I cannot investigate the actions of the college as they are out of our jurisdiction.

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Investigator's decision on behalf of the Ombudsman