Summary: The Ombudsman cannot investigate this complaint about problems the complainant had with an adult education course. This is because the law says the Ombudsman cannot investigate complaints about the giving of education or what happens in schools or colleges. The restriction applies to complaints about adult education.

The complaint

1. The complainant, whom I refer to as Mr X, complains about the way he was treated in an adult education class. He wants someone independent to consider his complaint.

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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 about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)

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How I considered this complaint

4. I read the complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision.

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What I found

What happened

5. Mr X attended an adult education course. He says the tutor was rude and made inappropriate comments. Mr X says he was dragged from a course and expelled. He says it is wrong that the college replied to his complaint. He wants someone independent to consider it.
6. In response to his complaint the college says it asked him to leave because he had enrolled on a level two course before completing level one.

Assessment

7. The law says the Ombudsman cannot investigate any complaint that is about the giving of instruction (education) or about the conduct or management of any educational establishment run by the Council. Mr X is complaining about what happened in an adult education centre run by the Council. He complains about the behaviour of staff, how he was treated and how the college considered his complaint. All the issues Mr X complains about are caught by the legal restrictions prohibiting an investigation. There is no part of the complaint that I can investigate.

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Final decision

8. I cannot start an investigation because the complaint is about matters related to education.

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Investigator's decision on behalf of the Ombudsman