Summary: We cannot investigate this complaint that the Council has wrongly advised a school. By law, we cannot investigate matters which take place in a school, and the Council’s advice is not separable from the school’s actions.

The complaint

1. The complainant, Miss X, complains that the Council has wrongly advised her son’s school that it may not complete part of a benefit application form.

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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. 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says her son’s school has refused to complete part of a benefit application form. She says the school’s decision is based on advice given by the Council. She says the advice is erroneous and wants the Council to advise the school that it can complete the relevant part of the form.
6. The Ombudsman cannot investigate this complaint. Whether to take the action Miss X wants is a matter for the school. It is entitled to seek advice and rely on it if it chooses to do so. The Ombudsman cannot take a view on whether the school should complete the form as requested, as the law prevents us from considering its actions. The advice the Council is alleged to have given is bound up with a matter which falls outside the Ombudsman’s remit and we cannot therefore investigate it.

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Final decision

7. We will not investigate Miss X’s complaint because we cannot investigate matters the actions of a school.

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Investigator's decision on behalf of the Ombudsman