Summary: We will not investigate this complaint about what happened in a school because we have no power to do so. We will also not investigate the Council’s decision not to investigate the school because it is unlikely we would find fault and we are unable to achieve Ms X’s desired outcomes.

The complaint

1. Ms X complains about the emotional and physical harm her daughter suffered at school and the Council’s failure to investigate the safeguarding concerns she raised. Ms X says she has had to remove her children from the school and the harm her daughter suffered has impacted upon her mental health. Ms X has requested a formal investigation into her concerns, an apology and measures to be implemented at the school to protect other children from harm.

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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. 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, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Ms X complains of safeguarding matters that happened at her daughter’s school. Because of the law mentioned at paragraph 3, we cannot investigate what happens in schools.
8. Ms X has completed the school’s complaints procedure. This was the correct process to follow.
9. Ms X is also unhappy with the Council’s decision not to investigate the school. The Council responded to Ms X’s complaint and said that the school consulted with the Local Authority Designated Officer (LADO) who decided the complaints did not meet the threshold for formal action by the Council. This is a decision the Council is entitled to make.
10. We will not investigate a complaint about the Council’s actions. This is because it is unlikely we would find fault. We expect Council’s to investigate and act on complaints or concerns and from the evidence I have seen, the Council did this. I acknowledge the outcome of the Council’s involvement was not the outcome she wanted, but this does not mean the Council is at fault.
11. Ms X has requested measures to be implemented at the school to protect other children. We cannot direct schools to do this. This means we cannot achieve Ms X’s desires outcomes here.

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Final decision

12. We will not investigate Ms X’s complaint because part of it is outside our jurisdiction and of the other parts, there is not enough evidence of fault, and we cannot achieve Ms X’s desired outcomes.

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Investigator's decision on behalf of the Ombudsman