Summary: We cannot investigate Mr X’s complaint about the Council’s complaint handling in relation to a school matter. This is because we cannot investigate what happens in schools.

The complaint

1. Mr X complains about the support offered to him by the Council following a complaint raised against him in his role as a school governor. He says the Council has poorly handled the complaint and there have been significant delays.

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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. (Local Government Act 1974, Schedule 5, paragraph 5(2), 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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X is a school governor. He complained to the Council about the school’s handling of a complaint made against him in his role as governor.
8. We cannot investigate what happens in schools. It follows that we also cannot investigate any complaint about the Council’s actions in this regard.

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Final decision

9. We cannot investigate Mr X’s complaint about the Council’s complaint handling in relation to a school matter. This is because we cannot investigate what happens in schools.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman