Summary: We cannot investigate this complaint about the Council’s handling of a complaint about the internal governance of a school. The law prevents us from investigating complaints about what happens in schools, so there is no worthwhile outcome achievable by our investigation.

The complaint

1. Mr Z complained the Council did not properly consider his complaint about the internal governance of a school.
2. Mr Z wants there to be an independent review of the allegations he made about the internal governance of the school, and of the Council’s handling of his complaint to it.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
5. 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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by Mr Z.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr Z complained to the Council about- as he saw it- failings within a school about its internal governance.
9. We cannot investigate the substantive issue in this complaint. The law prevents us from investigating complaints about conduct, curriculum, internal organisation, management or discipline in schools.
10. We will also not investigate the part about the Council’s handling of Mr Z’s complaint. 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. As Mr Z wants the Ombudsman to look at the Council’s actions about the substantive issue, this applies here. Therefore, there is no worthwhile outcome achievable by our investigation.

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Final decision

12. We cannot investigate Mr Z’s complaint because the law prevents us from investigating complaints about what happens in schools, so there is no worthwhile outcome achievable by our investigation.

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Investigator's decision on behalf of the Ombudsman