Source · SPSO (Scottish Public Services Ombudsman)

A Council

SPSO (Scottish Public Services Ombudsman) Upheld Reference 201301678 Sector Local Government Category secondary school Decided 01 January 2014

Full decision

Summary

Mrs C complained that a school had unreasonably excluded her child. She also complained that they offered a mediation session to allow her to discuss this but, when she went to it staff refused to listen to her side of the story or to allow her child to attend. She was also unhappy about the way the council dealt with her complaint about this.

The council said that they had offered the mediation session to ensure that appropriate support was in place to allow her child to return to school and that they had made clear to Mrs C that the meeting was not held to discuss the exclusion. They also said that they had dealt with her subsequent complaint in line with their complaints procedure.

We found that, although the council offered the mediation meeting in order to try and ensure that Mrs C's child returned to school as quickly as possible and were trying to help resolve this, they incorrectly told Mrs C that the mediation meeting and complaint were an alternative to the appeals process. This was not the case, and there is a separate statutory process that considers appeals against school exclusions. We concluded that the council provided Mrs C with misleading information. In terms of her complaint, we found no evidence to suggest that the school failed to take her concerns seriously or failed to investigate every allegation she made. We did, however, conclude that they failed to address all her complaints as they had said that they could not look at new issues she raised with them after concluding her original complaints. As a result of these failings, we upheld her complaints.

Recommendations

We recommended that the council: apologise to Mrs C for the misleading advice; ensure that they respond to all points of complaint and that any new and separate issues are duly investigated; and inform Mrs C of the steps she should take if she still wishes to formally appeal against her child's exclusion, making sure they fully explain what this process will involve.

Related reading

View Decision Report 201301678 as a PDF (13.21 KB) Updated: March 13, 2018

View original on SPSO (Scottish Publ… website

Other decisions involving A Council

Reference Date Summary Outcome
201701589 01 Jul 2019 Ms C complained about the council's actions when she reported concerns about her child (Child A) to the social work … Upheld
201605476 01 May 2018 Mrs C complained about the support provided to her children (Child A and Child B) by their primary school. In … Not Upheld
201700352 01 Jan 2018 Ms C complained about matters at her school. Ms C's mother had complained to the council about a number of … Partly Upheld
201606227 01 Aug 2017 Mr C complained about the council's response to a report from the police about his daughter (Miss A). Miss A … Not Upheld
201508372 01 Nov 2016 Mrs C complained about the council's handling of her complaint about a letter written to her husband which contained comments … Partly Upheld
View all decisions for this organisation