The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s response to a complaint about the alleged actions of a school. The substantive matter complained of concerns the internal affairs of a school. We have no legal power to investigate the complaint.
The complaint
Mr X said the Council failed to respond properly to his complaint about alleged actions by a 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 cannot investigate complaints about what happens in schools unless it relates to special educational needs, when the schools are acting on behalf of the council to secure educational provision as set out in Section F of the young person’s Education, Health and Care Plan.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The substantive matter here is the alleged actions of the school. Those are matters for the school’s governors to deal with, not the Council. We cannot investigate them, or any actions by the Council concerning an internal school matter other than in the specific circumstance mentioned in paragraph 4 above.
Final decision
We cannot investigate Mr X’s complaint because it concerns school matters we are legally prevented from investigating.
Investigator's decision on behalf of the Ombudsman