The Ombudsman's final decision
Summary: We cannot investigate this complaint about how the Council responded to concerns about bullying in a school. This is because the complaint flows from the internal management of a school which we have no jurisdiction to consider. The law says we cannot consider complaints about the actions of councils in relation to matters that are outside our jurisdiction.
The complaint
The complainant, whom I shall refer to as Mr X, complained about bullying in his daughter’s school. Mr X is unhappy with how the Council has dealt with his complaint.
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 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 and the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Mr X’s complaint. Complaints about what happens in schools are outside our jurisdiction. We have no powers to consider complaints about a council’s actions if they relate to something which is outside our jurisdiction. This exclusion applies to the Council’s handling of Mr X’s complaint.
Investigator's decision on behalf of the Ombudsman