Calderdale Metropolitan Borough Council (20 008 446)

Category : Education > Other

Decision : Closed after initial enquiries

Decision date : 06 Jan 2021

The Ombudsman's final decision:

Summary: We cannot investigate Miss B’s complaint about the actions of her son’s school regarding a disciplinary matter. This is because the law prevents us from investigating what happens in schools.

The complaint

  1. The complainant, who I will refer to as Miss B, complains about the actions of her son’s school regarding a disciplinary matter.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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

  1. I have considered what Miss B has said in support of her complaint and the correspondence she has provided. I have offered her the opportunity to comment on my draft decision.

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What I found

  1. In 2018 Miss B’s son was excluded from school for five days. Miss B complains about the way the school handled the allegation about her son, the four-week delay in allowing him to return to the classroom, and the school’s initial failure to make a safeguarding referral. She believes the school’s response was characterised by institutional racism.
  2. We cannot investigate Miss B’s complaint because it relates to what happened in a school. By law, the Ombudsman cannot consider school disciplinary matters. Miss B’s complaint falls outside our jurisdiction.

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Final decision

  1. The Ombudsman cannot investigate this complaint. This is because it concerns a school disciplinary matter.

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Investigator's decision on behalf of the Ombudsman

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