Derbyshire County Council (25 013 276)
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about a head teacher and Chair of Governors for a school. This is because the law prevents us from investigating most complaints about what happens in schools.
The complaint
- Mrs X complains about the actions of a head teacher and Chair of Governors at a local school.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
- The courts have confirmed we cannot investigate the actions of a council dealing with a complaint about matters we cannot investigate. (R (on the application of ER) v CLAE and London Borough of Hillingdon [2014] EWCA Civ 1407)
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We have no power to investigate the actions of a head teacher and Chair of Governors. We cannot investigate Mrs X’s complaints of bullying and failures to follow procedures.
- In line with case law we cannot investigate the way the Council responded to her complaint about the above.
Final decision
- We will not investigate Mrs X’s complaint because we have no power to do so.
Investigator's decision on behalf of the Ombudsman