Summary: The Ombudsman cannot investigate Mr X’s complaint about the Headteacher of his child’s school. This is because the Ombudsman has no jurisdiction or discretion to investigate the matters complained about. It is unlikely we could add anything further to the rest of his complaint.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Headteacher of his child’s school. Mr X says the Headteacher was aware his wife planned to abduct their child – he holds her partly responsible for this. He is also unhappy with an investigation into his complaint the Council carried out.

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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 complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

5. 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)

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How I considered this complaint

6. 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 complaint.

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What I found

7. Mr X has complained to his child’s school and the Council about the actions of the school’s Headteacher. The Council has arranged an independent investigation. Mr X is unhappy with the way the Council has dealt with his complaint and the investigation it arranged.
8. At the heart of Mr X’s complaint are the actions of the Headteacher of his child’s school. The law prevents the Ombudsman from considering what happens in schools. Mr X’s complaint is therefore outside the Ombudsman’s jurisdiction, with no discretion to investigate.
9. Mr X is also unhappy with the way the Council has dealt with his complaint. But we will not investigate a council’s complaint handling if we are not going to investigate the substantive matter complained about. This applies here. The Council has also said it has now sent Mr X the outcome of its investigation. So, an investigation by the Ombudsman would be unlikely to achieve anything more for him.
10. If Mr X thinks the Headteacher of his child’s school has committed a crime, then he should contact the police.

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Final decision

11. The Ombudsman cannot investigate Mr X’s complaint about the Headteacher of his child’s school. This is because the Ombudsman has no jurisdiction or discretion to investigate complaints about what happens in schools. It is unlikely we could add anything further to the rest of Mr X’s complaint.

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Investigator's decision on behalf of the Ombudsman