Essex County Council (21 005 554)
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about how the Council has dealt with a school. This is because the complainant is complaining about matters that happened whilst she was a Governor at the school. She is therefor not complaining as a member of the public.
The complaint
- The complainant, who I will call Mrs C, was on the board of governors at a school Mrs C complains about how the Council dealt with the school and subsequently how it dealt with her complaint.
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 can only accept complaints from members of the public or their authorised representatives. This means we cannot accept complaints from councillors or school governors complaining about something relating to their position on a public body. (Local Government Act 1974, section 26A, as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs C was a governor on a board of governors for a school. She complained about how the Council dealt with the school and subsequently complained again about how the Council dealt with her complaint.
- I cannot investigate this complaint. This is because Mrs C is complaining about something that took place whilst she was in his role as a school governor, and therefore was a member of a public body. Legally, I cannot consider complaints from members of public bodies, or complaints about things that happened to people whilst in their roles in public bodies.
Final decision
- I cannot investigate Mrs C’s complaint because her complaint is about matters that happened whilst she was in her role within a public body.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman