The Ombudsman's final decision
Summary: We cannot investigate this complaint about how a school responded to concerns relayed to it by both the complainant and Council. This is because the issues raised relate to conduct and management concerns which are internal school matters. We have no jurisdiction to investigate in these circumstances.
The complaint
The complainant (Mr R) complains about the way the Council approached safeguarding concerns at a school his children attend. In particular, he says the Council’s assessment to determine safeguarding issues was inadequate and the information it received from the school in response to its enquiries were misleading and inaccurate.
In summary, Mr R says his safeguarding concerns have not been investigated by the school which has blocked his complaint from being heard. He says this has had a significant impact on his mental health as the school is seeking to drive his children out. As a desired outcome, Mr R wants the Council to reinvestigate.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide we cannot achieve the outcome someone wants or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended).
How I considered this complaint
I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
In response to receiving information from OFSTED, the Council requested information from the school to seek assurances about the matters raised. The Council reviewed information from the school and was satisfied with its responses. Mr R has subsequently raised concerns about how the school responded to the Council’s enquiries and handled his complaint. These however are about conduct management issues and as such are internal school matters. We have no legal jurisdiction to investigate in these circumstances. If Mr R has concerns about alleged failings by the school which he considers have not been responded to by its leadership team, he may complain to the Department for Education which has a complaints process.
Final decision
We cannot investigate this complaint as the issues raised related to internal school matters and we have no jurisdiction to investigate in these circumstances.
Investigator's decision on behalf of the Ombudsman