The Ombudsman's final decision
Summary: We cannot investigate this complaint about what happened in Ms X’s child’s school. The law does not allow us to investigate what happens in schools. Nor will we investigate how the Council responded to Ms X’s concerns about safeguarding, because it is unlikely we would find fault.
The complaint
Ms X was unhappy with several aspects related to safeguarding at her child’s school. She raised these with the Council and was unhappy the Council declined to consider her concerns.
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 investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), 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
In late 2025, Ms X raised several matters with the Council, which she said were safeguarding concerns at her child’s school. During this time the Council’s Local Authority Designated Officer (LADO) wrote to Ms X and explained they were satisfied the matters she raised, related to decision-making and internal management and was not an allegation that met the LADO threshold.
We cannot investigate any part of Ms X’s complaint about her child’s school, because the law does not allow us.
Nor will we investigate the Council’s actions, because taken against Ms X’s concerns, its explanations appear reasonable and it has referred to the relevant safeguarding procedures. Therefore, it is unlikely we would find fault it referred Ms X to the school’s complaint procedures.
Final decision
We cannot investigate Ms X’s complaint about a school’s actions, and we will not investigate the Council’s actions, because it is unlikely we would find fault.
Investigator's decision on behalf of the Ombudsman