The Ombudsman's final decision
Summary: We cannot investigate Ms X’s complaint about the actions of the Council in respect of a matter involving the headteacher and governors of a school. The matter complained does not involve an administrative function of the Council.
The complaint
Ms X said there was fault by the Council in investigating a complaint made by a headteacher against school governors.
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 complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X’s complaint derives from a dispute between a headteacher and governors about matters that concerned the proper leadership and governance of a school. It is not an administrative function of the Council to consider a complaint by a school’s headteacher against the governors of the school because it has no responsibility for the governing body. And the matter at the heart of the complaint also concerns an internal school matter, which is a dispute between governors and a headteacher about an operational issue.
Final decision
We cannot investigate Ms X’s complaint because the matter complained of does not involve an administrative function of the Council.
Investigator's decision on behalf of the Ombudsman