Essex County Council (26 010 523)
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the internal management of a school. The law prevents us from investigating complaints about what happens in schools.
The complaint
- Ms X complained about a curricular matter in school and the school’s communication with her.
- Ms X also said the Council did not properly consider the reliability of information the school provided to it.
- Ms X wants the school to review its processes.
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)
- 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))
How I considered this complaint
- I considered information provided by Ms X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The law prevents us from investigating complaints about conduct, curriculum, internal organisation, management or discipline, in any school maintained by the Council. We therefore cannot investigate Ms X’s complaint.
Final decision
- We cannot investigate Ms X’s complaint because the law prevents us from investigating complaints about what happens in schools.
Investigator's decision on behalf of the Ombudsman