Summary: We cannot investigate Mr X’s complaint about his education at a pupil referral unit from 1989-1991 because it lies outside our jurisdiction. The law prevents us from considering complaints about what happens in schools. We have no discretion to consider these matters.

The complaint

1. The complainant, whom I shall call Mr X, complains about his education and his experience of attending a pupil referral unit from 1989-1991.

Back to top

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)

Back to top

How I considered this complaint

4. I considered the information Mr X provided. I also considered the Council’s response to the complaint, which we requested from the Council. I sent Mr X a draft of my decision and invited his comments on it.

Back to top

What I found

5. Mr X complains about the education he received when he attended a pupil referral unit from 1989-1991 and about his experience of attending the unit, where he was also bullied.
6. Mr X says his future has been affected by the curriculum that was offered and by the fact he was unable to sit any GCSEs whilst there.

Back to top

Final decision

7. We cannot investigate this complaint. It lies outside our jurisdiction because the law prevents us from considering complaints about what happens in schools. We have no discretion to do so.
8. The complaint also lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of a person first becoming aware of the matter and these events happened over 30 years ago. However, this is not a matter we could decide to investigate even if the complaint was not late, due to the legal restriction set out in the previous paragraph.

Back to top

Investigator's decision on behalf of the Ombudsman