The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council fining Mr X for his child’s unauthorised school absence. This is because Mr X had a right to go to a magistrate’s court to contest the fine it would have been reasonable to use.
The complaint
Mr X said his child had a 100% school attendance record, but had to be away from school for a family event. He said the Council was wrong to issue a fine because the absence should have been authorised.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because he had a right it would have been reasonable to use to contest the fine for unauthorised absence at a magistrate’s court.
Investigator's decision on behalf of the Ombudsman