Summary: The Ombudsman will not investigate Mr X’s complaint. This is because the complaint is about the actions of his daughter’s school, rather than the Council’s statutory responsibilities. The complaint is therefore outside our jurisdiction with no discretion to investigate.

The complaint

1. Mr X complains about the support his daughter received in school. He is unhappy his daughter’s school has not paid for alternative provision he sourced for his daughter at the end of year 11. Mr X’s daughter has now left school and he is unhappy with the situation she finds herself in.

Back to top

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 investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as schools (except in relation to their functions as admissions authorities). (Local Government Act 1974, sections 25 and 34A, as amended)
4. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

Back to top

How I considered this complaint

5. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his compliant.

Back to top

What I found

6. Mr X’s daughter has recently left school. Mr X feels his daughter’s school should have done more to help her when she was a student. Mr X feels the school should pay for alternative provision he put in place for his daughter at the end of year 11.
7. Mr X’s complaint is about his daughter’s school. The statutory responsibility for supporting Mr X’s daughter rested with her school – not the Council. The Ombudsman has no powers to investigate complaint about what happens in schools. There is no evidence the Council’s actions are linked to the fault and injustice Mr X alleges. The complaint is outside our jurisdiction with no discretion to investigate.

Back to top

Final decision

8. The Ombudsman cannot investigate Mr X’s complaint. This is because the complaint is outside our jurisdiction with no discretion to investigate.

Back to top

Investigator's decision on behalf of the Ombudsman