The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint as it is outside our jurisdiction. We cannot look at complaints about what happens in schools. The rest of Miss X’s concerns need to be put to the Council before we will consider them.
The complaint
Miss X complained about her children’s school. Miss X says the school has failed to appropriately support her children. Miss X wants her children moved to a different school, compensation, and to be re-housed closer to an alternative school. Miss X’s mother (Miss Y) supported Miss X with her complaint to the Ombudsman.
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) The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not start an investigation into Miss X’s complaint.
Any concerns Miss X has about her children’s school are outside our jurisdiction with no discretion. We cannot consider complaints about the conduct, curriculum, internal organisation, management or discipline, in any school or other educational establishment maintained by the Council. This exclusion includes any actions Miss X would like the Council to take because of what has happened in her children’s school.
Any wider concerns Miss X has, such as with her housing situation, need to be put to the Council as a formal complaint. It is reasonable for Miss X to do this as the Council is in the best position to resolve these issues. Once Miss X has a final response, she can come back to the Ombudsman, and we would then decide whether to investigate.
Final decision
We will not investigate Miss X’s complaint because we cannot look at complaints about what happens in schools. It is reasonable for Miss X to put the rest of her complaint to the Council.
Investigator's decision on behalf of the Ombudsman