The Ombudsman's final decision
Summary: We cannot investigate this complaint about action concerning Mrs X’s child. These matters are either the actions of a school, or not separable from those that concern the actions of a school.
The complaint
Mrs X complained of various failings. She said her child’s school made a safeguarding referral to the Council when the child made comments about self-harm. She said there were safeguarding breaches by the school and a failure to adhere to polices and to meet her child’s special educational needs (SEN). She said the school used the Council’s legal department to block her child getting an Education Health and Care (EHC) Plan. She said the Council’s SEN team were not interested.
The Ombudsman’s role and powers
We cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended) The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The complaint correspondence provided by Mrs X shows the matters complained either directly concern the actions of a school in terms of discipline, SEN, and adherence to school and/or statutory policies, or concern the Council’s actions in dealing with Mrs X’s correspondence about those matters. While Mrs X sees some of those matters as safeguarding matters, the Council is entitled to decide they are not.
Final decision
We cannot investigate Mrs X’s complaint because the matters complained of either concern the actions of a school or are not separable from the actions of a school. The Council’s involvement is secondary, and we cannot investigate its actions concerning the actions and decisions of a school.
Investigator's decision on behalf of the Ombudsman