Summary: We will not investigate this complaint about parental rights in relation to a Education Health and Care Plan. It is reasonable for Mr X to make a court application for a definitive ruling.

The complaint

1. Mr X complains the Council excluded him from his child’s phase transfer review, despite his parental rights. Mr X also complains about how the Council handled his complaint. Mr X says the Council has caused him distress, and made him feel silenced and unable to advocate for his child.
2. Mr X wants the Council to investigate his complaint and disclose key documents.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

8. A family court order allows the Council to take certain actions relating to the child’s Education, Health and Care (EHC) Plan without Mr X’s input or consent.
9. Mr X and the Council dispute whether an EHC Plan phase transfer review falls into the category of actions that can be taken without Mr X’s input. This is a dispute about the scope of the order. If Mr X wants a definitive and binding determination on the matter, it would be appropriate for him to take court action. So, we will not investigate this complaint.
10. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to investigate the substantive issue.

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Final decision

11. We will not investigate Mr X’s complaint because his parental rights because the courts are better placed to decide the matter, and it is reasonable for him to take court action.

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Investigator's decision on behalf of the Ombudsman