Oldham Metropolitan Borough Council (17 018 630)

Category : Education > Other

Decision : Closed after initial enquiries

Decision date : 13 Mar 2018

The Ombudsman's final decision:

Summary: We cannot investigate Mr F’s complaint about the consultation process used by a school academy proposing to expand. The Council does not make the final decision on this proposal nor decide the consultation process.

The complaint

  1. The complainant, whom I shall call Mr F, says the Council has not properly consulted on a proposal to expand a school.

Back to top

The Ombudsman’s role and powers

  1. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
  2. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as school academies. (Local Government Act 1974, sections 25 and 34(1), as amended)
  3. 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

  1. I considered the information Mr F supplied with his complaint. Mr F commented on a draft version of this decision.

Back to top

What I found

  1. Mr F says his local school, which his children attend, proposes to expand in physical size. The school is an academy. It has advertised its plans on its website and invited parents’ and residents’ comments. It started this process at the end of January 2018.
  2. The Council has confirmed that it has received no planning application for this site yet.
  3. Mr F says the consultation is inadequate and does not meet the guidelines.

Analysis

  1. We have no power to consider an academy’s actions.
  2. The Department of Education guidance says an academy should consult the local Council. The Secretary of State makes the final approval not the Council.

Back to top

Final decision

  1. We will not investigate this complaint. This is because the Council is not responsible for the matters complained about.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

Privacy settings

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.