The Ombudsman's final decision
Summary: We will not investigate this complaint about the response of the Council to a complaint about bullying in Ms X’s child’s school. We cannot investigate the actions of the school and there is insufficient evidence of fault by the Council to warrant investigation.
The complaint
Ms X says her child was repeatedly bullied at primary school and the Council failed to safeguard the child.
The Ombudsman’s role and powers
We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended) The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Bullying in school is an internal matter for school managers and we cannot consider a school’s actions concerning complaints about it. It is not a matter for councils, except where a person says the actions of staff have harmed a child. In such a case, we would expect a council to take a view whether there was any risk to a child posed by an adult.
In this case, the documents Ms X provided show the Council took the view the matter was one of school management, where Ms X had disagreed with the school’s leadership about the course of action to take. It was not fault for the Council to do this.
Ms X was also unhappy that the Council had advised the school in its dealings with her. That is part of its role, separate from its safeguarding role. Doing so was not fault.
Final decision
We will not investigate Ms X’s complaint because: We cannot consider the school’s actions; and There is not enough evidence of fault by the Council to warrant investigation.
Investigator's decision on behalf of the Ombudsman