The Ombudsman's final decision
Summary: We will not investigate this complaint about alleged abuse suffered in school, as well as the Council failing to offer alternative education provision. This is because we have no jurisdiction to investigate what happens in schools. Further, the complaint refers to events in 1998 and so is historical. We cannot now collect evidence and investigate alleged fault with accuracy given the passage of time.
The complaint
The complainant (Mr X) is making a complaint against the Council for allegedly failing to provide him with access to education. He says he was asked to leave his then school in 1998 due to his sexuality. He also refers to experiencing abuse while in school. Mr X says the alleged fault denied him of education, infringed his human rights and caused him to suffer harm. As a desired outcome, he wants the Council to be held accountable for the alleged failings.
The Ombudsman’s role and powers
We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended).
We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended).
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended).
How I considered this complaint
I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
The complaint directly relates to events Mr X experienced in 1998, including alleged instances of him suffering abuse. He also refers to being asked to leave school by those responsible for its management due to his sexuality. However, the Council is not responsible for these alleged issues and we have no legal jurisdiction to investigate what happens in schools.
I recognise Mr X’s point that he was not provided any alternative education provision from the Council when he left school. However, we cannot by law investigate a complaint which the complainant knew about more than 12 months ago, unless there are good reasons to exercise discretion. Mr X’s complaint is historical and we cannot not now ascertain evidence, assess fault and injustice and investigate robustly due to the amount of time which has passed. There are therefore no good reasons for us to exercise our discretion and investigate.
Final decision
We will not investigate this complaint about a lack of education from the Council in 1998. The complaint is late and the issues are historical to such an extent we could not now investigate given the passage of time.
Investigator's decision on behalf of the Ombudsman