Summary: We cannot investigate this complaint about a school’s decision to permanently exclude Miss Y’s child because we cannot investigate complaints about what happens in schools or the actions of Independent Review Panels for academy schools.

The complaint

1. Miss Y complains about a school’s decision to permanently exclude her child. She wants the school’s leadership team to be investigated.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended).

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How I considered this complaint

4. I considered information provided by Miss Y and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The school decided to permanently exclude Miss Y’s child. Miss Y appealed this, and the Independent Review Panel recommended the governing body reconsiders its decision.
7. Miss Y’s complaint to us is about the school’s decision to permanently exclude her child, therefore we cannot investigate this complaint. It is out of our jurisdiction to investigate any action taken by a local education authority in the exercise of functions under section 370 of the Education Act 1996 or section 17 of the Education (No 2) Act 1986.
8. We also cannot investigate the actions of the Independent Review Panel as the exclusion review was arranged by an academy school and we have no power to investigate the actions of academy schools.

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Final decision

9. We cannot investigate Miss Y’s complaint because we cannot investigate complaints about what happens in schools or the actions of Independent Review Panels for academy schools.

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Investigator's decision on behalf of the Ombudsman