Summary: we will not investigate Ms P’s complaint about the Council’s response to her concerns about safeguarding at a local school because there is insufficient evidence of fault or injustice.

The complaint

1. Ms P complains a local school has failed to respond to safeguarding disclosures made by pupils over a five-year period. She complains the school and the Council have refused to engage with her concerns.

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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 cannot investigate the actions of a council dealing with a complaint about these matters (R (on the application of M) v Commissioner for Local Administration in England [2006] EWHC 2847 (Admin))
4. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• 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

5. I considered information provided by Ms P.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms P referred me to serious incidents involving pupils at the school, some of which have been reported in the media. For the avoidance of doubt, we recognise the importance of these matters for the whole school community.
8. We cannot investigate Ms P’s complaint about the school’s handling of safeguarding concerns. We have no powers to investigate the actions of the school. We dealt with Ms P’s complaint about the school separately.
9. We cannot investigate her complaint about the Council’s response to her complaint about these matters.
10. The Council has separate safeguarding duties from the school. However, there is not enough evidence of fault, and Ms P has not identified any personal injustice to herself or her family, to justify an investigation. The Council took Ms P’s concerns seriously and responded accordingly.
11. Based on the information Ms P provided, it appears that Ofsted, the schools regulator, may be the body best placed to consider her concerns. Parents can raise concerns directly with Ofsted.
12. Ofsted has inspected the school in question twice in recent years and on both occasions found the school’s arrangements for safeguarding to be effective.

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Final decision

13. We will not investigate Ms P’s complaint because there is insufficient evidence of fault or injustice.

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Investigator's decision on behalf of the Ombudsman