Wigan Metropolitan Borough Council (26 003 805)
The Ombudsman's final decision:
Summary: We cannot investigate Ms X’s complaint because the law prevents us from investigating complaints about conduct, curriculum, internal organisation, management and discipline in schools.
The complaint
- Ms X complains about a school. She complains about restrictions imposed on her communication with teachers, an incident involving her son, and the school’s response to what she described as his use of “playground slang”. She complained to the Council and is unhappy with the Council’s response.
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 the 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.
- I considered the Ombudsman’s 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 her family.
- We cannot investigate Ms X’s complaint since it concerns conduct, curriculum, internal organisation, management and discipline at the school. The law prevents us from considering complaints about these matters.
- We cannot investigate the Council’s response to her complaint about these matters either.
Final decision
- We cannot investigate Ms X’s complaint because the law prevents us from investigating complaints about conduct, curriculum, internal organisation, management and discipline in schools.
Investigator's decision on behalf of the Ombudsman