Summary: We will not investigate this complaint about how the Council responded to a complaint about governance of a school. It would be disproportionate to investigate the complaint-handling when the law prevents us investigating the substantive matter complained of.

The complaint

1. Mr X complains the Council wrongly refused to consider his complaint about governance failings at a school. He says this left him with no route for independent review of his concerns and caused him loss of confidence in how the school’s governance is overseen.

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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 we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (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.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The law prevents us from investigating complaints about what happens in schools, including the actions of school governors. As we cannot investigate the substantive matter that prompted Mr X to complain to the Council, it would not be a good use of public resources to investigate how the Council handled Mr X’s complaint.

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Final decision

8. We will not investigate Mr X’s complaint because it would be disproportionate to investigate the Council’s complaint-handling in isolation.

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Investigator's decision on behalf of the Ombudsman