Summary: We cannot investigate this complaint about alleged breaches of the law by the Council in dealing with Mr X’s son’s special educational needs. Mr X has sought to judicially review the Council’s actions and there is thus an absolute bar against us investigating these matters.

The complaint

1. Mr X said the Council breached the Children Act 2014, the Special Educational Needs and Disability Regulations and the United Nations Convention on the Rights of the Child in dealing with his son’s special education needs. He said a Council officer made a written statement to the High Court about not receiving his complaints. He said he believed this perverted the course of justice by ensuring his case was not heard, resulting in costs for him.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
3. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate Mr X’s complaint because an order of the High Court that we have seen confirms there has been court action. That court action is not separable from matters that Mr X brought or could have brought before the court. We cannot investigate, regardless of whether Mr X has had remedy by way of the court proceedings. Only a court could decide whether there has been perversion of the course of justice.

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Investigator's decision on behalf of the Ombudsman