Summary: We cannot investigate this complaint about special educational provision for a pupil because the complaint is made by the representative of a public body.

The complaint

1. The complainant, Miss X, complains that the Council has:

• declined to amend a pupil’s Education Health and Care (EHC) plan;
• declined to meet with the pupil; and
• declined to properly fund his educational placement.

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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. We cannot investigate complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The complaint concerns a pupil at a Foundation school. Miss X, a member of the school’s staff, complains that the Council’s response to the annual review of the pupil’s EHC plan is flawed.
6. The Ombudsman cannot investigate Mrs X’s complaint because it is made in her capacity as representative of the school. Schools, and specifically their governing bodies, are public bodies and by law cannot complain to the Ombudsman. There is no discretion available to us on this point.

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Final decision

7. We cannot investigate Miss X’s complaint because it is made by a public body.

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Investigator's decision on behalf of the Ombudsman