North Lincolnshire Council (23 018 293)
The Ombudsman's final decision:
Summary: We will not investigate Miss X complaint about a school off rolling her child. We cannot look at the School’s actions and we are unlikely to find Council fault.
The complaint
- The complainant, whom I shall call Miss X, says her child, B, has been off rolled from school.
The Ombudsman’s role and powers
- We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
- 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))
How I considered this complaint
- I considered information provided by Miss X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X removed her child, B, from primary school in 2020 and B did not return. She says B had to stay away from school as their sibling, D, is vulnerable to COVID-19. She says initially the School provided help and support but this stopped. She says the School off rolled B.
- The Council in reply to her complaint, said Miss X had informed the School that she was providing education at home without the School’s support. It has invited her to apply for a school place if she wants B to return to school.
- We cannot investigate the education the School provided nor its decision to remove B from its roll or record any absences as unauthorised.
- Miss X has a duty as a parent to ensure B is educated. It is unlikely we will find any fault in the Council’s actions.
Final decision
- We will not investigate Miss X’s complaint because we cannot investigate the School’s actions and we are unlikely to find faut in the Council’s actions.
Investigator's decision on behalf of the Ombudsman