Summary: We cannot investigate Mr X’s complaint that his schools failed to safeguard him when he was a student. We have no jurisdiction to look at what happens in schools.

The complaint

1. Mr X complains about bullying, harassment and disability discrimination by school staff between 2001 and 2006.
2. Mr X holds the Council responsible for any failings to safeguard him and wants compensation.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We have no jurisdiction to look at what happens in schools and records are no longer available to say the Council had knowledge of or responsibility for any failings
9. I am satisfied on balance the complaint is outside our jurisdiction and therefore I will not investigate.

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Final decision

10. We cannot investigate Mr X’s complaint because we have no jurisdiction to look at what happens in schools.

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Investigator's decision on behalf of the Ombudsman