Summary: We will not investigate Ms Y’s complaint that her child’s school failed to increase her child’s timetable from part-time to full-time by the end of July 2024. There is not enough evidence of fault by the Council to warrant investigation. There is an absolute bar that prevents us investigating the action of a school.

The complaint

1. Ms Y complains that her child’s (Z) school failed to increase Z’s timetable from part-time to full-time by the end of July 2024.

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 most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

Back to top

How I considered this complaint

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

Back to top

My assessment

8. In September 2023, Ms Y and Z’s primary school agreed to a part-time timetable for Z.
9. Ms Y complains that Z’s primary school has failed to gradually increase Z’s attendance. She says it was unclear whether Z would attend full-time by the end of the 2023/24 academic year.
10. We cannot look at the actions of the primary school.
11. We can look at the actions of the Council from the point it became aware of the part-time timetable. Ms Y first complained to the Council in May 2024.
12. The Council replied to Ms Y’s complaint in June. It confirmed the primary school was reviewing the part-time timetable on a weekly basis. The Council also asked the school to meet with Ms Y to discuss increasing Z’s hours. Based on the prompt action taken by the Council, I find there is not enough evidence of fault to justify investigating.
13. We consider complaints after councils have had the chance to investigate and reply. In this case, we have considered Ms Y’s complaint up until the date the Council sent its final response in July 2024. If Ms Y has concerns about the Council’s actions or decisions after this date, she would first need to make a new complaint to the Council.

Back to top

Final decision

14. We will not investigate Ms Y’s complaint because there is not enough evidence of fault by the Council to warrant investigation. There is an absolute bar that prevents us investigating the action of the school.

Back to top

Investigator's decision on behalf of the Ombudsman