The Ombudsman's final decision
Summary: We cannot investigate Mrs X’s complaint about school meals served to her child. This is because a school is responsible for the meals served and the law prevents us from investigating what happens in schools.
The complaint
Mrs X complains about the Council’s school catering company. She says that her child’s allergy was ignored on multiple occasions when school meals were served.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Whilst the Council provides catering services, it does so on behalf of the school. We cannot investigate complaints about what happens in schools, and this includes complaints about catering. Therefore, I cannot investigate Mrs X’s complaint.
Final decision
We will not investigate Mrs X’s complaint because it is about what happened in a school.
Investigator's decision on behalf of the Ombudsman