Summary: We will not investigate this complaint about the use of a Council lawyer to respond to a complaint. This is because it would not be proportionate to investigate the Council’s complaint-handling when the law prevents us investigating the substantive matter complained of.

The complaint

1. Mr X complains that the Council allowed one of its lawyers to respond to a complaint about a school. This caused him and his family distress.

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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 and the Council.
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. We cannot consider the underlying issues of Mr X’s complaint because it relates to the events in a school. Mr X’s complaint to us is about the Council’s response to his complaint about events in a school. 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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Investigator's decision on behalf of the Ombudsman