Summary: We cannot investigate this complaint about what happened when Mr X’s son swallowed an object at a Council nursery. The law prevents us from investigating complaints about what happens in schools and nurseries.

The complaint

1. Mr X complains staff failed to follow correct procedures when his son swallowed an object at a Council nursery.

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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 and nurseries. (Local Government Act 1974, Schedule 5, paragraph 5(2))

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How I considered this complaint

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

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My assessment

6. Staff telephoned Mr X when his son began coughing and showing signs of distress at nursery. Mr X took his son to hospital where he vomited a small object he had swallowed.
7. Mr X complains staff failed to follow the correct procedures. He believes they should have called an ambulance straight away. He is unhappy with the Council’s response to his complaint.
8. We cannot investigate Mr X’s complaint because it concerns the conduct of staff at an educational establishment maintained by the Council. The law prevents us from investigating these complaints.
9. The Courts have confirmed we cannot investigate Mr X’s complaint about the Council’s response to the matter either.

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Final decision

10. We cannot investigate Mr X’s complaint because the law prevents us from investigating complaints about what happens in schools and nurseries.

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Investigator's decision on behalf of the Ombudsman