The Ombudsman's final decision
Summary: We will not investigate this complaint about the school Mrs X’s child attends. This is because the law prevents us from investigating complaints about what happens in school.
The complaint
Mrs X complained about the lack of support the school has provided to her and her daughter whilst her daughter has been out of school.
Mrs X also complains about the Council’s decision to start legal action due to her daughter’s attendance at school.
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 most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended) We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mrs X’s complaint as it is about what has happened in a school. This places the complaint outside of our jurisdiction because of the exception outlined in paragraph 4. The Department for Education and/or Ofsted are better placed to consider her complaint.
The Council has started court action against Mrs X regarding her daughter’s attendance at school. Given that the courts are now involved, we will not investigate the matter. It is reasonable for Mrs X to raise any concerns as part of those proceedings.
Final decision
We will not investigate Mrs X’s complaint because it is about what has happened in a school.
Investigator's decision on behalf of the Ombudsman