Summary: We cannot investigate this complaint about the alleged failure of Council to make the special educational needs provision for Mrs X’s child, or to offer alternative educational provision. This is because Mrs X sought leave for judicial review of the Council’s actions. A permanent legal bar prevents us from considering these matters once a person has made first contact with the court.

The complaint

1. Mrs X says the Council failed to make the provision specified in her child’s Education Health and Care (EHC) Plan. She also says it failed to offer alternative educational provision for nine months when her child could not attend school.

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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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate Mrs X’s complaint because it is clear from the correspondence she sent us that she approached a court to seek leave for judicial review of matters including those she complained of to us. This engages a permanent legal bar that prevents us investigating those matters, even where the court action did not proceed beyond the initial stage.

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Investigator's decision on behalf of the Ombudsman