Calderdale Metropolitan Borough Council (20 008 446)
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
- The complainant, who I will refer to as Miss B, complains about the actions of her son’s school regarding a disciplinary matter.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)
How I considered this complaint
- 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.
What I found
- 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.
- 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.
Final decision
- The Ombudsman cannot investigate this complaint. This is because it concerns a school disciplinary matter.
Investigator's decision on behalf of the Ombudsman