Summary: We ended the investigation into Ms X’s complaints about her child Y’s educational and social care provision and about child safeguarding processes. This was because Ms X issued a civil legal claim for the same issues.

The complaint

1. Ms X complained the Council:
1. Failed to secure special educational provision (SEP) on her child Y’s Education, Health and Care (EHC) Plan;
2. Refused her request for a personal budget;
3. Placed Y on a child protection plan and used the public law outline process (PLO); and
4. Failed to provide appropriate social care support.
2. Ms X also complained the Council breached various laws including the Equality Act, Human Rights Act and about breaches of other civil and criminal laws including data protection, fraud, misfeasance in a public office, perverting the course of justice. She also complained the monitoring officer failed to deal with the concerns she had raised and about the outcome of a child protection review conference in September 2025.
3. Ms X said this caused avoidable distress and a loss of provision.

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The Ombudsman’s role and powers

4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. We call these complaints ‘premature.’ However, we may decide to investigate a premature complaint if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. (Local Government Act 1974, section 26(6)(c), as amended)
6. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot 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)
7. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended).

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How I considered this complaint

8. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
9. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

10. Since complaining to us, Ms X has issued a civil claim in the courts. The court claim form paperwork said she claimed damages for:
• Racial and disability discrimination
• Harassment, coercion
• Failure to make reasonable adjustments
• Breach of the public sector equality duty
• Breach of statutory duties under: section 42 of the Children and Families Act 2014, section 19 of the Education Act 1996, Care Act 2014, unlawful pursuit of the public law outline procedure and child protection procedures
• Misconduct by the monitoring officer.

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Decision

11. We ended the investigation because Ms X has made a legal claim for the same matters she has complained to us about. The claim covers the complaints in paragraph one and two so we have no power to investigate. Ms X said her legal claim will not provide a complete remedy for her injustice. But the courts have confirmed in the PH case (see paragraph six) that this does not mean we can investigate. The complaints about the child protection review conference and about the monitoring officer are also premature and it is reasonable for the Council to have the chance to respond.

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Investigator's decision on behalf of the Ombudsman