Summary: We cannot investigate this complaint about the lack of special educational needs support for the complainant’s son and his permanent exclusions from the schools 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, who I refer to here as Miss X, says that her son suffered racial discrimination in his schools. In the last one, before he joined a Pupil Referral Unit, he was not provided with any special educational needs support despite professional evidence confirming his needs. He was permanently excluded from 2 schools. These disruptions had negative effect on his self-esteem, confidence and educational prospects.

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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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate Miss X’s complaint because it is outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman