Summary: The Ombudsman cannot investigate Mrs X’s complaint about a lack of support in her daughter’s previous school. This is because we cannot consider complaints about what happens in schools.

The complaint

1. Mrs X complains her daughter’s previous school failed to provide appropriate support, despite receiving extra funding from the Council.

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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)

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How I considered this complaint

4. I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

5. Mrs X’s daughter has special educational needs and is currently going through the statutory assessment process for an Education, Health and Care Plan. Mrs X says her daughter’s previous school failed to provide her daughter with appropriate support, despite receiving extra funding form the Council.
6. The exception at paragraph 3 applies to Mrs X’s complaint. The law prevents us from considering complaints about conduct, curriculum, internal organisation, management or discipline, in any school maintained by a council. Therefore the complaint is not one we can consider.

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Final decision

7. The Ombudsman cannot investigate Mrs X’s complaint. This is because we cannot consider complaints about what happens in schools.

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Investigator's decision on behalf of the Ombudsman