Summary: We cannot investigate this complaint about a Council’s communications with a school the complainant’s child attends. The complaint concerns matters which took place in a school and the law prevents us from considering such complaints.

The complaint

1. Ms X complains her child was unlawfully moved to a new year group at school following complaints she had previously made against members of staff. Ms X says this was carried out by the school following advice received from the Council. Ms X says this has caused her ongoing distress and disruption to her child’s education.

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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 provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (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)

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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. We will not investigate Ms X’s complaint because it concerns events that happened in school. We are not permitted by law to investigate complaints about conduct, curriculum, internal management, or discipline in schools. Ms X’s complaint is about the internal management of a school and lies outside of our jurisdiction. The advice the Council gave to the school is not separable from the school’s actions, and we cannot therefore investigate it.

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Final decision

8. We cannot investigate Ms X’s complaint because it concerns matters which took place in a school.

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Investigator's decision on behalf of the Ombudsman