Summary: We will not investigate Mr X’s complaint about the Council’s handling of a penalty notice for his child’s absence from school. We have no powers to investigate the actions of a school and Mr X paid the penalty charge, so it is not appropriate for us to investigate it.

The complaint

1. Mr X complains about the Council’s decision to issue a penalty notice for his child’s absence from school. He says the Council failed to follow national guidance and its own policies.

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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. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council issued Mr X with a penalty notice for his child’s unauthorised absence from school.
8. Mr X paid the notice and submitted a complaint to the Council. He said the Council had not followed its Code of Conduct or statutory guidance, and had not provided satisfactory oversight.
9. We will not investigate this complaint. The Council issued a penalty notice at the request of the school. We cannot investigate the school’s decision to report Mr X to the Council. This is because we have no powers to investigate a school’s actions – as explained in paragraph 3.
10. Mr X does not deny taking his child out of school without authorisation. By paying the fine, he discharged his liability for the offence. The Council was entitled to issue the penalty notice. Mr X had the option not to pay and defend himself in court. This was the more appropriate route.
11. Mr X also says that a precedent was set by the school allowing others to go on holiday. We cannot investigate this matter. The key point for us is that the school reported Mr X to the Council and we do not have the powers to investigate a school’s actions.
12. Mr X is also unhappy with the Council’s complaint handling. It is not proportionate for us to investigate any ancillary matters if we are not investigating the substantive issue.

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Final decision

13. We will not investigate Mr X’s complaint because we have no powers to investigate the actions of a school and Mr X paid the penalty charge, so it is not appropriate for us to investigate the matter.

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Investigator's decision on behalf of the Ombudsman