Summary: We will not investigate this complaint that the Council has been at fault in issuing a penalty notice for unauthorised school absences. This is because the complainant has the option of defending herself in court.

The complaint

1. The complainant, who I will refer to as Mrs X, complains that the Council is at fault for issuing her with a penalty notice for her child’s unauthorised absences from school.

Back to top

The Ombudsman’s role and powers

2. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
3. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Council has issued Mrs X with a penalty notice for unauthorised school absences. She says her child’s absences were for medical reasons and she has informed the Council of this.
7. We will not investigate Mrs X’s complaint. By law, we cannot consider what happens in schools and cannot therefore express a view on whether the absences should be treated as unauthorised. If Mrs X disputes the penalty notice, she is entitled to defend herself from it in court. There is no role for the Ombudsman.

Back to top

Final decision

8. We will not investigate Mrs X’s complaint because she has the option of defending herself in court.

Back to top

Investigator's decision on behalf of the Ombudsman