Summary: We cannot investigate this complaint about the education provision for Mr X’s child and the Council’s decision not to investigate his complaint. This is because the complaint is about the internal management of a school which falls outside our jurisdiction. The law also says we cannot consider complaints about the actions of councils in relation to matters that are outside our jurisdiction.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained to the Council about how his daughter had been treated at school. Mr X is unhappy with the Headteacher’s conduct, the educational provision, and the arrangements for his daughter to sit public exams. The Council has said it cannot investigate and has referred Mr X to the 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), 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))

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How I considered this complaint

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

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My assessment

7. We cannot investigate Mr X’s complaint. This is because it flows from the internal management of a school. Any broader duties the Council might have does not change this. We have no jurisdiction to consider such complaints. The courts have also said we cannot investigate complaints about the actions of a council relating to a matter which is outside our jurisdiction. We also therefore have no powers to consider the Council’s decision not to investigate Mr X’s complaint.

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Final decision

8. We cannot investigate Mr X’s complaint because we have no jurisdiction to consider complaints about what happens in schools.

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Investigator's decision on behalf of the Ombudsman