Summary: We will not investigate this complaint about the Chair of a school’s Interim Executive Board. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have no powers to investigate complaints about the internal management of schools.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained about the Chair of a school’s Interim Executive Board. Mr X is also unhappy with the Council’s involvement in his complaint.

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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 most complaints about what happens in schools. We may only investigate where the complaint relate to special educational needs, when the school is 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. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
4. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate Mr X’s complaint. This is because we have no powers to investigate complaints about the internal management of schools. We will not investigate complaint handling as a standalone issue and the Council’s involvement relates to a matter which is outside our jurisdiction. An investigation is not therefore appropriate.

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Investigator's decision on behalf of the Ombudsman