Summary: We cannot investigate this complaint about the educational provision made for Mrs X’s children while in the care of their father. This is because Mrs X has recently started court action to challenge the Council’s previous decisions about her children’s care, which were also subject to court action. The issue of her children’s educational provision is a matter that has been or could reasonably be raised in these court proceedings.

The complaint

1. Mrs X said the Council failed to update one of her children’s Education Health and Care Plan while in the care of the child’s father, and failed to ensure all her children received proper educational provision.

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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 a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X recently confirmed to a colleague in complaint 25 021 363 that she had commenced court action aimed at challenging the Council’s child protection decisions that were themselves the subject of court action in 2025. The notes of complaint 25 021 363 state Mrs X told us she was raising the alleged lack of educational provision for her children while in their father’s care as part of the case. It would also be logical and reasonable for her to do that as it directly relates to her contention that her children were neglected and that the Council’s actions were wrong.

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Final decision

8. We cannot investigate Mrs X’s complaint because it relates directly to matters that have been or could reasonably be raised during court proceedings.

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Investigator's decision on behalf of the Ombudsman