Summary: We will not investigate this complaint about eligibility for free school meals. This is because schools, not the Council, decide eligibility using criteria set by central government.

The complaint

1. Mr X said the Council failed to correctly decide his child should receive free school meals.

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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 unless it relates to special educational needs, when the schools are acting on behalf of the council to secure educational provision as set out in Section F of the young person’s Education, Health and Care Plan.

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How I considered this complaint

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

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My assessment

6. Government guidance makes it clear that schools decide eligibility for free school meals. Though schools may choose to take advice from councils, the school is the decision-maker.

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Final decision

7. We will not investigate Mr X’s complaint because the decision was a matter for a school, not the Council. We have no legal power to investigate the actions of the school.

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Investigator's decision on behalf of the Ombudsman