Summary: We will not investigate this complaint about the Council’s actions following an allegation of abuse in a school. This is because the complaint is outside of our jurisdiction as it relates to the Council’s response to actions within a school. The complaint is also late and there is no good reason to exercise discretion and investigate this now.

The complaint

1. The Complaint, Miss X, claims that her daughter, who has SEN, was physically and verbally abused by a member of staff and the council have refused to acknowledge this occurred. Miss X complains her daughter has developed a fear of the classroom and Miss X has had to give up work to care for her daughter.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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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My assessment

6. Miss X said that a member of staff physically and verbally abused her daughter in school. Her daughter has developed a fear of the classroom. Miss X has had to give up work to care for her daughter.
7. Although the actions of a school are outside of our jurisdiction, councils with social care responsibilities must consider safeguarding referrals. Councils’ responses to those referrals would fall within our jurisdiction.
8. The Council has confirmed that this incident occurred several years ago.
9. We do not usually investigate complaints older than 12 months. However we may do so where a person has been unaware of the matter they complain of until more recently. We may also do so if we consider the person has been unable to complain soon.
10. We have seen no evidence that would suggest Miss X was unaware of the matter she now complains of, or unable to complain sooner.

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Final decision

11. We will not investigate Miss X’s complaint because:

• A statutory bar prevents us investigating matters that happen in schools.
• Miss X’s complaint is late and there is no good reason to exercise discretion and investigate now.

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Investigator's decision on behalf of the Ombudsman