Summary: We cannot investigate this complaint about a school’s decision to refuse face to face schooling for the complainants daughter. This is because the actions of schools are out of our jurisdiction and the courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction.

The complaint

1. The complainant, who I shall refer to as Mr C, complains that his daughter had not been allowed to attend school during the COVID-19 pandemic, despite one of her parents being a key worker.

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. The Ombudsman is not able to investigate complaints about schools. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

Back to top

How I considered this complaint

4. I have considered Mr C’s complaint and the Council’s response. I have invited Mr C to comment on a draft version of this decision.

Back to top

What I found

5. In December 2020, schools were closed for most pupils due to the COVID-19 pandemic. However, some pupils were however allowed to attend classes, including those children whose parents were critical workers.
6. In January 2021, Mr C was told by his daughter’s school that she could not attend because only one of her parents were critical workers. Mr C contacted the school and the Council and said that guidance from the Department for Education said that only one parent needed to be a critical worker and because her mother was a critical worker, his daughter should be allowed to attend school. The school did not reverse its decision.

Assessment

7. I cannot investigate Mr C’s complaint about the decision not to allow his daughter to attend school during the COVID-19 pandemic. This is because the school made this decision, and the law says we cannot investigate complaints about schools.
8. Mr C says his complaint is not about the school but is about advice the Council gave the school in relation to the matter. However, the decision that led to your complaint was made by the school. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction.

Back to top

Final decision

9. We cannot investigate this complaint. This is because the Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. Complaints about schools are out of our jurisdiction.

Back to top

Investigator's decision on behalf of the Ombudsman