Summary: We cannot investigate Ms X’s complaint about problems with an adult education course. This is because the law says we cannot investigate complaints about the delivery of education or what happens in schools or colleges. This restriction applies to complaints about adult education.

The complaint

1. Ms X was removed from an Adult Learning Course provided through the Council because of her reported poor behaviour.
2. Ms X denies behaving poorly. She says the course tutor caused her to have a panic attack and call 999.

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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 or other education establishments. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)

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How I considered this complaint

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

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My assessment

7. We cannot investigate Ms X’s complaint. This is because Section 5.5 of the Local Government Act says we cannot investigate any action by a council concerning the “conduct, curriculum, internal organisation, management or discipline in any school or other educational establishment maintained by the authority, except so far as relating to special educational needs”. The nature of Ms X’s complaint means it is caught by this exclusion and it is not one we have any powers to consider.

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Final decision

8. We cannot investigate Ms X’s complaint about adult education because it is outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman