Summary: We cannot investigate Ms X’s complaint about delivery of education provision. We do not have the power to investigate because Ms X has started court proceedings.

The complaint

1. Ms X complains the Council has not delivered the education provision in her child’s EHC Plan.

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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. 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)

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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. The Council has said Ms X has started judicial review proceedings. We have no power to investigate when someone has started court proceedings about the matter complained of.

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Final decision

7. We cannot investigate Ms X’s complaint because Ms X has started court proceedings.

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Investigator's decision on behalf of the Ombudsman