Summary: We cannot investigate Mr X’s complaint about a school’s policies and procedures. We will not investigate the Council’s decision not to investigate his safeguarding referral further as we are unlikely to find fault.

The complaint

1. Mr X says the Council failed to investigate his safeguarding referral and then failed to reply to his complaint properly.

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The Ombudsman’s role and powers

2. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
3. 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.
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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How I considered this complaint

4. I considered information provided by Mr X and the Council’s replies.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In February 2025 Mr X set out his concerns to the Council about School Y where his child Z attended. He said School Y had shown systemic bias, caused emotional harm and used unlawful disciplinary actions. He said School Y:-
• Removed Z from a classroom and placed them near a door;
• sent Z to a lower year class as a punishment;
• falsely framed Z as requiring additional support;
• had two part time teachers in Z’s class causing lack of continuity.
7. The Council said in reply to Mr X’s complaint the allegations did not meet the threshold for a LADO investigation. It said it had carried out a light touch review of School Y’s safeguarding policies.
8. Mr X says the Council should have carried out a more detailed investigation. He also says it has failed to provide information he requested about what information was shared with School Y.

Analysis

9. LADO investigations are for allegations where a person in trust has alleged to have harmed a child. It is not for allegations of concern about the quality of care or complaints. Our investigation is unlikely to find fault in the Council’s decision this does not meet the threshold for a LADO investigation.
10. We have no power to investigate how School Y manages behaviour or special educational needs for pupils who do not have Education Health and Care Plans. Nor School Y’s safeguarding policies. We also cannot investigate how the Council replied to Mr X’s complaint about this. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
11. Mr X has the right to request records are disclosed to him. If the Council refuses to do so, he can complain to the Information Commissioner’s Office (ICO). Parliament set up the ICO to consider data protection disputes which includes disclosing information. The ICO are better placed than us to consider if the Council should provide more information on what it shared with School Y.

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Final decision

12. We cannot investigate Mr X’s complaint about a school’s policies and procedures. We will not investigate the Council’s decision not to carry out a LADO investigation as we are unlikely to find fault.

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Investigator's decision on behalf of the Ombudsman