Summary: The Ombudsman will not investigate Mr X’s complaint about the conduct of his school’s headteacher when he was a student. This is because we cannot consider complaints about what happens in schools.

The complaint

1. The complainant, whom I shall call Mr X, complains about the conduct of his school’s headteacher when Mr X was a student – around 20 years ago.

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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 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

5. The exception at paragraph 3 applies to Mr X’s complaint. The law prevents us from looking at complaints about “conduct, curriculum, internal organisation, management or discipline, in any school or other educational establishment” maintained by a council.
6. The actions of a council dealing with a complaint about the internal management of schools is also outside our jurisdiction. R (on the application of ER) v CLAE  and London Borough of Hillingdon [2014] EWCA Civ 1407 and R (M) –v- CLAE [2006] EWHC 2847.
7. The Ombudsman has no jurisdiction to consider Mr X’s complaint.

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Final decision

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

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman