Summary: We cannot investigate this complaint about the lack of a prayer room in a school. This is because the law prevents us from considering complaints about the internal management of schools.

The complaint

1. Mr X complains about the lack of a prayer room in a 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))
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 considered information provided by the complainant and the Ombudsman’s Assessment Code.

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My Assessment

6. Mr X has complained to the school and council about the lack of a prayer room. The Council and school have responded to Mr X with information about their responsibilities. The Council has explained the arrangements the school has made so that students can pray. The Council has explained the limits of the school’s accommodation.
7. The Local Government Act 1974 specifically precludes us from investigating “any action concerning conduct, internal organisation, management or discipline in any school maintained by the authority.”
8. Mr X’s complaint and the Council’s involvement all relate to the internal management of the school. We also cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction.
9. We therefore have no jurisdiction to consider this complaint.

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Final decision

10. We cannot investigate Mr X’s complaint about the lack of a prayer room in a school. This is because the law prevents us from considering complaints about the internal management of schools.

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Investigator's decision on behalf of the Ombudsman