Summary: We will not investigate this complaint about the actions of Miss X’s child’s school or how the Council responded to a complaint about a safeguarding matter. We cannot investigate what happens in schools and we will not investigate the Council’s investigation into a safeguarding concern because there is insufficient evidence of fault.

The complaint

1. Miss X complains the Council has failed to properly investigate safeguarding concerns relating to her child’s school.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
4. 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
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X says the Council has not properly investigated her safeguarding concerns relating to her child’s school. In response to Miss X’s concerns, the Council’s Local Authority Designated Officer (LADO) considered the matter. They contacted the school and reviewed the school’s records and found they were satisfied with the actions the school was taking. The Council has also said its Safeguarding in Schools Team is supporting the school with their safeguarding practices and it would continue to review them. The Council also informed Miss X that it had been working with the school since an OFSTED inspection and it is satisfied with the changes and progress it was making. I am satisfied the Council has responded appropriately to Miss X’s concerns and it is unlikely we would find the Council at fault. There is nothing further an investigation by the Ombudsman could achieve for Miss X.
8. Miss X has raised concerns about the school not properly recording incidents involving her son. We cannot investigate this aspect of Miss X’s complaint because the law says the Ombudsman cannot investigate what happens in schools. The matters Miss X complains of relate to actions taken by the school. It is open to Miss X to raise these issues directly with the school if she remains dissatisfied.
9. 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 the Council’s complaint handling.

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Final decision

10. We will not investigate Miss X’s complaint because there is insufficient evidence of fault and we cannot investigate what happens in schools.

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Investigator's decision on behalf of the Ombudsman