Summary: We will not investigate this complaint about how the Council has funded the special educational needs provision for a child. This is because the complaint is made on behalf of a public body.

The complaint

1. The complainant, who I will call Mrs X, complains that the Council has failed to arrange appropriate funding for a school to meet the special educational needs of a child.

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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 from public bodies. (Local Government Act 1974, section 27(1)(a), 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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My assessment

6. Mrs X is the Headteacher of a school. She complains that the Council has failed to properly fund the special educational needs of a child who attends the school. Mrs X says this means the school is having to find the additional funds to meet the needs of the child.
7. I cannot investigate Mrs X’s complaint. In making her complaint, Mrs X is acting in her capacity as Headteacher of a school and therefore on behalf of the school. This constitutes a public body and therefore falls outside of our jurisdiction. There is no discretion available to consider this matter.

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Final decision

8. We will not investigate Mrs X’s complaint because it is bade on behalf of a public body.

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Investigator's decision on behalf of the Ombudsman