The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s response to a report of persistent racist bullying in a school. The substantive matter is one we cannot investigate because it involves the internal management of a school. We cannot investigate the Council’s actions in relation to a matter that is outside our jurisdiction.
The complaint
Mr X said the Council failed to investigate properly and took the word of a school where his children experienced persistent racist bullying.
The Ombudsman’s role and powers
We cannot investigate most complaints about what happens in schools. We may investigate where they relate 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. (Local Government Act 1974, Schedule 5, paragraph 5(2), 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.
Final decision
We cannot investigate Mr X’s complaint because we cannot investigate the actions of the school, or the Council’s actions regarding the school’s actions that are outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman