Summary: We cannot investigate this complaint about staff at an educational setting. The law prevents us from investigating certain educational matters. In any case, the complaint is made late.

The complaint

1. Mr X complained college staff told him he could not leave his course because of his age.
2. Mr X said this caused a negative impact to his mental health.

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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. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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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. Mr X complained college staff said he could not leave his course. They said this was because of his age and SEN. Mr X said this happened between 2017-2018.
9. As outlined in paragraph four, we cannot investigate complaints about what happens in schools. This extends to colleges.
10. Any complaint about college staff would need to be made to the college. We cannot investigate this complaint.
11. In any case, as outlined in paragraph five, we cannot investigate late complaints. It is unlikely that we would be able to achieve a meaningful outcome for Mr X, even if we had the ability to investigate his complaint.

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Final decision

12. We cannot investigate Mr X’s complaint because the law prevents us from investigating certain educational matters.

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Investigator's decision on behalf of the Ombudsman