The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council failing to make adjustments for Mr X’s disability in conducting a school admission appeal hearing. This is because Mr X has started court action against the Council regarding these matters and a legal bar thus now permanently prevents us investigating them.
The complaint
Mr X complained the Council failed to make adjustments necessary for his disability during the conduct of a school admission appeal hearing.
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 a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Mr X’s complaint because he has started court action about the same matters.
Investigator's decision on behalf of the Ombudsman