Summary: The Ombudsman cannot investigate Mrs B’s complaint about the decision not to reinstate her daughter following her exclusion from school. This is because we cannot consider disciplinary decisions made by school governors.

The complaint

1. The complainant, who I will refer to as Mrs B, complains that the governors of her daughter’s school refused to reinstate her daughter, after being directed to reconsider her permanent exclusion by the Independent Review Panel.

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The Ombudsman’s role and powers

2. We cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)

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How I considered this complaint

3. I have considered what Mrs B has said in support of her complaint.

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What I found

4. Mrs B’s daughter was permanently excluded from school. The school’s governors decided to confirm the exclusion.
5. Mrs B used her right to go to ask for a review of the decision. The Independent Review Panel quashed the decision and directed the governors to reconsider it. Having done so, they decided not to reinstate Mrs B’s daughter. It is against this decision that the complaint lies.
6. The Ombudsman cannot investigate Mrs B’s complaint. By law, we cannot consider the decisions of the school governors, either to confirm the decision or not to reinstate. The Ombudsman can consider the actions of the Independent Review Panel. But there is nothing to be gained from doing so in this case, as it made the most favourable decision available to it.

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Final decision

7. The Ombudsman cannot investigate this complaint. This is because it concerns a disciplinary decision made by school governors.

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Investigator's decision on behalf of the Ombudsman