The Ombudsman's final decision
Summary: We cannot investigate this complaint about an incident that led to the complainant removing their child from school. This is because the law prevents us from investigating most complaints about what happens in schools. There is insufficient evidence of fault with how the Council dealt with matters after the incident occurred.
The complaint
Mr X complains about an incident that happened in his child’s school, which led to him making the decision to remove his child from the school. Mr X wants an explanation as to what happened and assurances that it does not happen again.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s child has Special Educational Needs (SEN). In 2023, The SEND Tribunal ordered the Council to name a school in Mr X’s child’s Education Health and Care (EHC) plan. Mr X’s child started at the school in September 2023 but shortly after an incident occurred which led to Mr X removing his child from the school.
I cannot investigate Mr X’s complaint about the incident at school. The law prevents us from investigating most complaints about what happens in schools, and this includes matters relating to the incident that happened involving Mr X’s child.
I will not investigate how the Council dealt with matters after the incident occurred. This is because there is insufficient evidence of fault. The Council arranged a review of Mr X’s child’s EHC plan, consulted with school and offered Mr X home tuition for his child while a new school was found. Mr X refused the Council’s offer of home tuition and said he was leaving the Council’s area and did not want a new school placement for only a few months. Mr X and his family have since moved to a new home in another local authority’s area, so the Council is no longer responsible for Mr X’s child’s education or SEN provision.
Final decision
We will not investigate Mr X’s complaint because we cannot investigate most complaints about what happened at school and there is insufficient evidence of fault in how the Council dealt with matters after the incident.
Investigator's decision on behalf of the Ombudsman