Summary: We cannot investigate this complaint about the internal management of a school. The law prevents us from investigating what happens in schools. Additionally, we will not investigate Mrs X’s complaint about the role of the Council in her complaint against the school. We can decide not to investigate complaints about complaints procedures where we cannot investigate the substantive issue.

The complaint

1. Mrs X complained the Council did not have oversight of her complaint against a school and did not intervene when she asked it to do so.
2. Mrs X said this caused distress and meant balanced consideration was not given to her complaint.
3. Mrs X wants the Council to intervene with her complaint, accept fault and replace a school officer involved with the complaints process.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
6. 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

7. I considered information provided by Mrs X and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The substantive matter in Mrs X’s complaint is about the conduct and internal management of a school. We cannot investigate this complaint. The law prevents us from investigating complaints about what happens in schools.
10. We will not investigate the part of Mrs X’s complaint about the Council’s role in her complaint against the school. The courts have said we can exercise discretion not to investigate complaints about complaints procedures when we cannot investigate the substantive issue.

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Final decision

11. We cannot investigate Mrs X’s complaint because the law prevents us from investigating what happens in schools. We will also not investigate the part of Mrs X’s complaint about the Council’s role in her complaint against the school. We can decide not to investigate complaints about complaints procedures when we cannot investigate the substantive issue.

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Investigator's decision on behalf of the Ombudsman