The Ombudsman's final decision
Summary: We cannot investigate this complaint from Mr X about his son's Independent Review Panel (IRP) following his school exclusion. This is because we have no power to investigate the actions of IRPs for academy schools.
The complaint
Mr X complains that the Council misled him about its role in his son's Independent Review Panel (IRP) for the school exclusion. He was told that the IRP was independent of the Local Authority (LA); however, the Council itself selected the IRP members, including the clerk. Mr X states that the Council’s refusal to investigate obstructed his ability to submit a valid complaint. Therefore, he is now complaining about the Council’s handling of that 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 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
I cannot investigate this complaint because the exclusion review for Mr X’s son’s academy was arranged by an academy school, and we have no power to investigate the actions of academy schools. We cannot therefore investigate the actions of the IRP even if the Council carried out the review on the school’s behalf.
I will not investigate how the Council dealt with Mr X’s complaint. It is not a good use of public resources to investigate complaint procedures if we are unable to consider the substantive issue.
Final decision
We cannot investigate Mr X’s complaint because we cannot investigate what happens in academy schools.
Investigator's decision on behalf of the Ombudsman