East Riding of Yorkshire Council (26 002 735)
The Ombudsman's final decision:
Summary: We cannot investigate Ms X’s complaint about her dealings with the staff and governors of a school because the law prevents us from investigating complaints about the management of schools.
The complaint
- Ms X complains about her dealings with the staff and governors of a school.
The Ombudsman’s role and powers
- 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)
- We cannot investigate actions of a council dealing with a complaint about these matters (R (M) v CLAE [2006] EWHC 2847).
How I considered this complaint
- I considered information provided by the complainant and our Assessment Code.
My assessment
- I have carefully considered everything Ms X said, although I have not included every detail here. I have included as few details as possible to protect the anonymity of Ms X and family.
- Ms X complained about the staff and governors of a school. She asked the Council for help. She says the Council offered to arrange mediation but later withdrew its offer. Unhappy with the outcome, she complained to us.
- We cannot investigate Ms X’s complaint. The law prevents us from investigating complaints about the management of schools. We cannon investigate the actions of councils dealing with these matters.
Final decision
- We cannot investigate Ms X’s complaint because the law prevents us from investigating complaints about the management of schools.
Investigator's decision on behalf of the Ombudsman