Summary: The Ombudsman cannot investigate this complaint about the actions of the Council in response to a decision made by the managers of a school. This is because the Ombudsman cannot investigate the actions of a council in relation to a matter this is itself out of the Ombudsman’s jurisdiction.

The complaint

1. The complainant, who I refer to here as Mr D, says that the Council:
• Through poor procedures and management, allowed a convicted murderer to be employed at the school Mr D’s daughter attended;
• Did not deal properly with the resulting media and parental concerns; and
• Has not responded adequately to Mr D’s complaints.

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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. 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))

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How I considered this complaint

5. I considered the information provided by Mr D. I also sent Mr D an initial view for his comments.

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What I found

6. Mr D says that the school that his daughter attended employed someone with a previous conviction for murder. He says this happened due to lax procedures and management by both the school and the Council.
7. Mr D complained to the Council. The Council says that the School followed correct recruitment procedures, and that nothing was flagged up in the vetting procedure regarding previous convictions.
8. Mr D says that the Council tried to suppress and cover up what happened, and that it did not want the matter becoming public knowledge as it might lead to criticism of its management of its schools.
9. The Ombudsman cannot consider this complaint. Complaints about the management of schools are out of our jurisdiction.
10. Mr D’s complaints about the Council’s actions are also out of our jurisdiction. This is because the courts have said that we cannot investigate any matter that is concerning something that is itself out of our jurisdiction.
11. In this case, Mr D is dissatisfied with the Council’s reaction and response to something that happened in a school, so we cannot consider the matter.

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Final decision

12. I cannot investigate this complaint about the Councils actions in relation to the management of a school. This is because the matter is out of our jurisdiction.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman