Central Bedfordshire Council (21 015 713)
Category : Education > School exclusions
Decision : Closed after initial enquiries
Decision date : 23 Feb 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an independent review panel hearing for a permanent school exclusion. There is not enough evidence of fault by the panel to warrant investigation.
The complaint
- Mr X said there was maladministration during the hearing of a governors’ panel and the consequent hearing of an independent review panel that considered the permanent exclusion of his child by a school.
The Ombudsman’s role and powers
- We cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We cannot consider the actions of the school governors as those actions are the actions of a school.
- I have read the notes of the independent review panel hearing that considered the governors’ decision and the decision letter the panel sent Mr X. They show the panel properly considered the evidence provided by both parties regarding the reason for the exclusion and the governors’ actions in confirming it. The panel was entitled to reach its view that the exclusion was lawful, reasonable, and fair on the balance of probabilities, and to uphold it.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault in the panel’s conduct to warrant this. We cannot consider the governors’ actions separately from those of the panel as they are the actions of a school.
Investigator's decision on behalf of the Ombudsman