The Ombudsman's final decision
Summary: We cannot investigate this complaint about how the Council responded to concerns raised about bullying at a school. This is because the matter relates to the internal management of a school, which falls outside of our jurisdiction. The law says we cannot consider complaints about the actions of councils in relation to matters that are out of our jurisdiction.
The complaint
The complainant, who I will call Dr X, says her children were badly bullied by pupils and staff at school, forcing Dr X to remove them from the school. She brought her concerns about the schools management of her children and others to the Council, but says it has not dealt with them appropriately.
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 complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended) The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
I cannot investigate Dr X’s complaint because it concerns a matter which relates to the management of a school. The internal management of schools fall outside of our jurisdiction. The Courts have said we cannot investigate complaints about the actions of councils about matters that are out of our jurisdiction. Therefore, I cannot investigate how the Council dealt with Dr X’s concerns.
Final decision
We cannot investigate Dr X’s complaint because the matters relate to the management of a school.
Investigator's decision on behalf of the Ombudsman