Summary: We cannot investigate part of Mrs X’s complaint about concerns relating to her child’s school because the issues raised relate to the internal management of a school, and the law says we cannot investigate. We will not investigate the Council’s investigation into a safeguarding concern because there is insufficient evidence of fault. We will not investigate the Council’s complaint handling because the tests in our Assessment Code are not met.

The complaint

1. Mrs X complains the Council failed to:
1. investigate her safeguarding concerns relating her child’s school in 2024 and 2025; and
2. respond to her complaint effectively.
2. Mrs X also complained about the actions of the school in relation to her safeguarding concerns in both 2024 and 2025.
3. Mrs X said the matter caused distress.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
6. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

2024 safeguarding concern

9. Mrs X complained the Council failed to act on her concerns relating to member of staff at her child’s school.
10. In response to the concerns, the Council’s Local Authority Designated Officer (LADO) considered the matter. Following the LADO process, the Council concluded the allegation was substantiated. It explained to Mrs X it would not inform her of the specific action taken relating to the staff member as this was not information Mrs X was entitled to. However, the Council explained that substantiated concerns typically lead to additional training and advice.
11. We will not investigate this complaint. The Council considered the concerns and found the matter was substantiated. There is insufficient evidence of fault in the Council’s actions to warrant an investigation by the Ombudsman, and so we will not do so.

Issues raised in 2025

12. Mrs X raised additional concerns with the Council about her child’s school in 2025 including what she considered a further safeguarding incident. In response, the Council explained to Mrs X the issues raised were for the school to address as it concerned internal school processes.
13. We cannot investigate this complaint. The law says the Ombudsman cannot investigate what happens in schools. The matters Mrs X complained about relate to actions taken by the school. It is open to Mrs X to raise these issues directly with the school if she remains dissatisfied.

Complaint handling

14. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. Consequently, we will not investigate this complaint because the tests in our Assessment Code are not met.

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Final decision

15. We cannot investigate part of Mrs X’s complaint because the issues raised relate to the internal management of a school, and the law says we cannot investigate. We will not investigate the remainder because the tests in our Assessment Code are not met.

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Investigator's decision on behalf of the Ombudsman