East Riding of Yorkshire Council (22 012 717)

Category : Education > Special educational needs

Decision : Closed after initial enquiries

Decision date : 13 Mar 2023

The Ombudsman's final decision:

Summary: We cannot investigate Mr X’s complaint about an officer’s actions as they flow from a complaint about education provided in a school.

The complaint

  1. The complainant, whom I shall call Mr X, complains about an officer’s actions.

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The Ombudsman’s role and powers

  1. 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. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
  2. The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

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

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My assessment

  1. Mr X complains about a senior council officer’s actions, Officer Y. He says they have failed in their statutory duties. Mr X has confirmed this flows from:
    • issues Mr X had with his child’s education at a school.
    • the Council’s response to a complaint he made to the school involved.
    • how Officer Y responded to his complaint about how the Council replied to his complaint.
  2. He says overall he believes it shows Council systemic SEN failings and he has lost trust.
  3. We cannot investigate the original complaint Mr X made to the Council about the school and his child’s education. We also cannot investigate how the Council replied to his complaint about this. Or how it replied to a complaint about his complaint, or any matters flowing from that.

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Final decision

  1. We will not investigate Mr X’s complaint because we cannot look at matters integral to or flowing from a complaint about education in a school.

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Investigator's decision on behalf of the Ombudsman

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