Summary: We cannot investigate this complaint about a school’s dealings with the Council. The school is a public body. The law prevents us from investigating complaints by public bodies.

The complaint

1. Mr X complains on behalf of a school about the school’s dealings with the Council. He complains about the Council’s handling of education, health and care (EHC) plans for children with special educational needs, and alternative provision for children unable to 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 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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complains on behalf of a school. The school is a body constituted for the purposes of public service (a public body). The law prevents us considering complaints by public bodies. We cannot, therefore, consider Mr X’s complaint.
7. We can only investigate complaints from members of the public. The parents of any children directly affected by the issues Mr X complains about may be able to complain to us. They should complain to the Council first.

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Final decision

8. We cannot investigate Mr X’s complaint because the school he represents is a public body. The law prevents us from investigating complaints by public bodies.

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Investigator's decision on behalf of the Ombudsman