Summary: We cannot investigate Mr X’s complaint about racist bullying in a school two decades ago. A statutory bar prevents us investigating matters that happen in schools.

The complaint

1. Mr X said he experienced traumatic racist bullying at school.

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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)
4. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

5. I read Mr X’s complaint.

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What I found

6. Mr X said he was bullied at school. He said this was racist and involved physical assaults. While Mr X wishes to complain about the Council, bullying is an internal school matter. And we are not able to investigate the Council’s conduct in dealing with an internal school matter.

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Final decision

7. We will not investigate Mr X’s complaint. This is because a statutory bar prevents us investigating matters that happen in schools.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman