The Ombudsman's final decision
Summary: Mr X complained the Council failed to provide suitable, full-time education for his son. We have discontinued our investigation as Mr X has submitted an application to seek a judicial review.
The complaint
Mr X complained the Council failed to provide access to suitable, full-time education for his son and the Council’s communication has been poor. Mr X told us his son has lost the opportunity to receive an education and family life has been impacted. Mr X would like the Council to provide a specialist education setting.
The Ombudsman’s role and powers
The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.
What I found
Mr X has submitted an application for a judicial review for the continuing failure of the Council to provide suitable, full-time education, or alternative provision for his son. This is the same matter as Mr X’s complaint to us.
The law says we cannot investigate a complaint where someone has sought a remedy by way of proceedings in any court of law. I have therefore discontinued my investigation.
Decision I have discontinued my investigation.
Investigator's decision on behalf of the Ombudsman