The Ombudsman's final decision
Summary: We will not investigate this complaint about what happened to Mr and Mrs X’s child in a school. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have no powers to investigate complaints in connection with the internal management of schools.
The complaint
In summary, Mr and Mrs X, say their child was bullied in school.
Mrs and Mrs X say the Council has a duty of care for what happened. Their child and whole family have been caused distress and they are seeking justice.
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 cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about Council actions/omissions (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainants.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr and Mrs X have complained to multiple organisations, including the police.
The Department of Education has advised Mr and Mrs X that schools and governing bodies are responsible for resolving their complaints.
We will not investigate. The matters raised lie outside our jurisdiction, and we have no remit to investigate what happened in school.
The only aspect of the complaint we could possibly have looked at is the Council’s Special Educational Needs (SEN) service’s work with Mr and Mrs X’s child. However, the last complaint response from the Council concerning SEN is December 2022. Therefore, this aspect of the complaint is late and caught by the time bar on our powers. There are no good reasons the time bar should not apply.
Final decision
We will not investigate Mr and Mrs X’s complaint. This is because we have no powers to investigate complaints in connection with the internal management of schools.
Investigator's decision on behalf of the Ombudsman