The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s decision to exclude her from an adult education course. This is because we have no jurisdiction to consider actions relating to conduct, management or discipline in schools or education establishments.
The complaint
Ms X complains about the Council’s decision to exclude her from her adult education course and to also exclude her from future courses. She also complains about the Council’s handling of her complaint. She wants the Council to pay her the course costs in compensation.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended). This includes the conduct, curriculum, internal organisation, management or discipline in any school or other educational establishment maintained by the council.
Caselaw has confirmed that this includes adult education.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council’s adult education service runs courses for adult learners in its area to help resident develop new skills, gain a qualification, find employment or improve their health and wellbeing. Ms X enrolled on a course which began in September 2023.
Following an investigation, the Council decided to exclude Ms X from the course in early 2024. Ms X appealed the decision, but this was not upheld.
We cannot investigate this complaint. The complaint relates to a disciplinary decision within an adult educational establishment. The complaint is out of our jurisdiction.
Ms X also complains the Council has not followed its complaints policy. We will not investigate this as it is not a good use of resources to investigate complaints about complaints procedures where we cannot investigate the substantive issue.
Final decision
We cannot investigate Ms X’s complaint because it is out of our jurisdiction.
Investigator's decision on behalf of the Ombudsman