The Ombudsman's final decision
Summary: We will not investigate this complaint about an ex-pupil returning to a school and causing disruption. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We cannot investigate internal school matters and we cannot accept a complaint from the school. There is also no parental consent to investigate matters on behalf of the child concerned.
The complaint
Ms X said a permanently-excluded ex-pupil continues to return to a school, hiding and causing disruption that puts others at risk. She wanted the Council to respond to the school when alerted, placing the child in secure accommodation in necessary.
The Ombudsman’s role and powers
We cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended) We cannot investigate complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended) We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
How I considered this complaint
I considered information provided by the complainant. I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Ms X’s complaint because: We cannot investigate what happens in schools; We cannot investigate a complaint by or on behalf of a school; and We have no parental consent to investigate matters on the child’s behalf.
Investigator's decision on behalf of the Ombudsman