Summary: We will not investigate this complaint about the Council’s response to parents’ concerns about a primary school because there is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains on behalf of three families about the Council’s response to their concerns about a community primary school. She says that children from all three families were forced to move schools as a result.
2. She complains the Council refused to disclose information she believes they are entitled to see following an investigation. She alleges the Council officers overseeing the investigation were “conflicted”. She complains the governors’ recommendations following their own investigation have not been implemented.

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The Ombudsman’s role and powers

3. 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)
4. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
5. We cannot investigate the actions of a council dealing with a complaint about these matters. (R(M) v CLAE [2006] EWHC 2847)

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How I considered this complaint

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

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My assessment

8. Ms X and her co-complainants made wide-ranging complaints about the school, including concerns about bullying, safeguarding, and the school’s ability to meet the special educational needs of their children. They called for the head teacher and chair of governors to be suspended. They are unhappy with the school and the Council’s response to their concerns.
9. The law prevents us considering complaints about the school.
10. Ms X and her co-complainants complained to the governors. If they are not happy with the response they received, or the actions taken following their complaint, they could take advice from Ofsted and the Department for Education.
11. Ms X and her co-complainants complained to the Council.
12. The Courts have confirmed we cannot investigate their complaint about the actions of the Council dealing with a complaint about the actions of the school.
13. The Council commissioned an independent investigation of the parents’ concerns about the school. The independent investigation found areas requiring improvement, including safeguarding procedures, support for children with additional needs, communication with parents and support for pupil wellbeing. The Council explained that it was working with the school to deliver the improvements recommended by the independent investigation.
14. There is not enough evidence of fault in the Council’s response to parents’ concerns to justify an investigation.
15. Ms X complains the Council has not disclosed the independent investigator’s report. We do not investigate complaints about access to information. These matters are considered by the Information Commissioner’s Office.

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Final decision

16. We will not investigate Ms X’s complaint because we cannot investigate the actions of the school, and there is not enough evidence of fault in the Council’s response to parents’ concerns to justify an investigation.

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Investigator's decision on behalf of the Ombudsman