The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about historic failure to provide suitable equipment to her during her time in education or for failing to make safeguarding referrals. The issues Miss X complained about related to Miss X’s school, not the Council, and the law says we cannot investigate.
The complaint
Miss X complained about historic educational matters when she was a child before 2008. Miss X said she was not given sufficient support and equipment to enable her to engage in education when she was a child. She said the school failed to make safeguarding referrals to the Council about the matter.
Miss X said the matter caused her distress and impacted her education.
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)
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 cannot investigate most of Miss X’s complaints. The issues regarding correct equipment and staffing at her school was not the responsibility of the Council. This was the responsibility of the school. The law says we cannot investigate most complaints about what happens in schools. Therefore, we cannot investigate this complaint.
In addition, Miss X informed the Ombudsman about neglect she experienced as a child in the care of her parents. She explained her school failed to make a referral to the Council so social services could investigate. The failure to make a safeguarding referral was not the responsibility of the Council. This again relates to the actions of the school. Consequently, we cannot investigate this complaint.
Final decision
We cannot investigate Miss X’s complaint because the issues complained about relate to the internal management of a school, and the law says we cannot investigate.
Investigator's decision on behalf of the Ombudsman