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Ombudsman Bernard Richard's office is being deluged by complaints over the Liberal government's decision to eliminate early French immersion from a growing number of francophones worried about its impact on assimilation.

More than 160 complaints have poured into Richard's office since the contentious policy change was made two weeks ago, surpassing all other issues for the number of objections.

Richard will decide by Thursday whether to launch an investigation into the Department of Education's handling of the French immersion file.

Many of the complaints have echoed those of protestors who have taken to the streets recently. They say the decision was based on faulty research and inadequate consultation.

Richard said additional concerns are flooding in, including francophones who are worrying that a "sudden, significant influx" of anglophone children who claim a constitutional right to attend francophone schools. The parents are worried anglophone students could have a negative impact on their kids' education.

Richard said francophone parents are concerned that could lead to more English being spoken in the hallways and playgrounds and dilute the quality of education.

"Assimilation of the francophones is a serious concern and has been for many decades," Richard said. "They are saying (eliminating French immersion) will only add to the pressures of assimilation."

Children must prove they are proficient in French to attend a francophone school unless they have a parent who was instructed in French.

The Department of Education is phasing out early French immersion starting in September and replacing it with a universal system of intensive French in Grade 5. Starting in Grade 6, anglophone students will have the choice to opt into late French immersion or into an improved Core French program.

This decision has sparked protests throughout the province and garnered national attention.

Graham Fraser, Canada's official languages commissioner, has expressed his disappointment with New Brunswick's decision to scrap early immersion. He said he doubts parents who want to challenge the decision on constitutional grounds will succeed.

"The constitution is silent on education in a second language," said Fraser.

Aside from constitutional wrangling, New Brunswick's ombudsman said there are other legal questions being raised by parents. He said children who have been accepted into early French immersion in September and have now had the program cancelled may have recourse through the courts.

Although he has been promised full co-operation from the Department of Education if he launches a review, Richard is still weighing whether this would stretch the limits of his mandate.

"I think it tests the limits of my jurisdiction. I'm invited to support a great many good causes in New Brunswick but my office is not a lobbying office," he said.

Richard has been an observer to many of the skirmishes fought over language over the years and he admits being moved by the sight of anglophones rallying for their right to speak French.

"It is an amazing visual demonstration of the change that New Brunswick has seen over the past four decades that we now have 300 or 400 parents in Fredericton and in Moncton demonstrating for better access to French training," he said. "For someone like me, it is pretty remarkable. So I think that is a testimony to the progress we have made, the change we have lived through as a society."