Summary: We cannot investigate Mr X’s complaint about how he was treated in school. This is because the law prevents us from considering complaints about what happens in schools.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained about the way staff treated him while a pupil at school in the 1960s and 1970s.

Back to top

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)
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))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X’s complaint is not one we can consider. As explained in paragraph 3, the law prevents us from considering complaints about what happens in schools. We have no jurisdiction to consider Mr X’s complaint.
8. The Council has said it will not consider Mr X’s complaint because too much time has passed. That is not a decision we can consider because it relates to a matter which is itself outside our jurisdiction.

Back to top

Final decision

9. We cannot investigate Mr X’s complaint because it is outside our jurisdiction. We have no powers to consider complaints about schools.

Back to top

Investigator's decision on behalf of the Ombudsman