Summary: We will not investigate this complaint about the Council’s response to Miss X’s concerns about a school. We cannot investigate what happens in schools and it is unlikely we would find any fault in how the Council responded to Miss X’s concerns, or how it dealt with her request for a different school.

The complaint

1. Miss X said the Council had failed to safeguard her child (Y), after she was made aware that Y’s school (School A) had raised concerns to the Council about Y’s attendance. Miss X said School A, had mistreated Y, while in its care, and the Council missed an opportunity to protect Y.
2. Miss X also said the Council should have moved Y to another school, when she first asked it for a move.
3. Miss X said she feels Y has been discriminated against and the School A’s actions has caused Y serious harm. Miss X wants the Council to provide compensation.

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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 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, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

9. Miss X made a complaint about several matters relating to how School A had treated Y. This included the provision of non-prescribed medication. She was also unhappy with School A’s records on this matter.
10. We cannot investigate any aspect of how School A treated Y, while at school. The law I have mentioned at paragraph four does not allow us to investigate what happens in schools.
11. Nor will we investigate how the Council responded to these concerns when School A raised them. The evidence shows it contacted School A, on each occasion and decided it was satisfied with how School A was dealing with the matter. It also decided it was not suitable for consideration by the Local Authority Designated Officer.
12. The Children Act 2004, places the responsibility for safeguarding on School A and given the Council got in touch with School A about the matters, and checked on how it was handling the matters, it is unlikely we would find fault in its decision not to make further enquiries.
13. Miss X said the Council should have moved Y another school, when she asked it to. From the evidence available, Miss X asked for an in-year admission to a named school. The Council made an enquiry, and the school Miss X asked for did not have any spaces. Miss X subsequently asked for three schools in the normal admission round and was offered a school, which was one of her choices.
14. We will not investigate this part of Miss X’s complaint either, because on the evidence I have seen, it is unlikely we would find fault in the Council’s actions.
15. In any case, Miss X is seeking compensation for physical harm. We cannot provide Miss X with what she is looking for here. Claims for compensation are better directed at the courts, who can decide if the Council was in any way liable for causing Y harm.

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Final decision

16. We will not investigate Miss X’s complaint because we cannot investigate what happens in schools and there is not enough evidence of fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman