Summary: The Ombudsman cannot investigate Ms J’s complaint, because the law does not let us investigate a complaint about what happened in court or a complaint about what happens in schools.

The complaint

1. Ms J complains that the Council has taken her daughter into care, and her daughter’s school has banned her from its premises.

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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. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended). We also cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)

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How I considered this complaint

3. I have considered the information Ms J has sent to us about her complaint.

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What I found

4. The issues of where Ms J’s daughter should live, and whether the Council should have parental responsibility, are ones which have been decided in court. We cannot change the court’s decision, and the law does not let us investigate a complaint about this.
5. The law also does not let us investigate a complaint about what happens in schools. This includes when a school bans a parent from its premises. Even if the Council is involved in writing letters to the parent about this, we cannot investigate, because it is about what happens in school.

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Final decision

6. We cannot investigate Ms J’s complaint, because the law does not let us investigate a complaint about what happened in court or a complaint about what happens in schools.

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Investigator's decision on behalf of the Ombudsman