West Berkshire Council (25 020 617)
Category : Children's care services > Disabled children
Decision : Closed after initial enquiries
Decision date : 26 May 2026
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint about a Council letter to him, sent for a school.
The complaint
- Mr X says a Council officer should not have referred to his family as vexatious.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
- 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))
How I considered this complaint
- I considered information provided by Mr X and the Council’s replies to him.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In 2025 a Council officer wrote to Mr X. They started by saying a school instructed them to write to Mr X. This means they were writing on behalf of the school. Mr X disagrees with the content of that letter, its tone and that it referred him to the persistent and vexatious complaints’ policy. He says this letter caused him significant stress.
- For the reasons set out in paragraph two and three we have no power to investigate the Council’s letter as it was sent on behalf of the school.
Final decision
- We cannot investigate Mr X’s complaint because the Council’s action was on behalf of a school.
Investigator's decision on behalf of the Ombudsman