Summary: We will not 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. We are also unlikely to find fault in the Independent Review Panel’s response to warrant an investigation by the Ombudsman.

The complaint

1. Miss Y complains about a school’s decision to permanently exclude her child. She wants the school’s staff and practices to be investigated.
2. Miss Y complains about the Independent Review Panel’s decision to uphold her child’s exclusion and says this should be reviewed.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended).
5. We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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How I considered this complaint

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

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My assessment

8. The school decided to permanently exclude Miss Y’s child. Miss Y appealed this, and the Independent Review Panel decided to uphold the exclusion.
9. Part of Miss Y’s complaint to us is about the school’s decision to permanently exclude her child, therefore we cannot investigate this part of the 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.
10. Miss Y also complains about the Independent Review Panel’s decision. We can consider investigating this part of the complaint. We consider whether there was fault in the way the panel made its decision. If there was no fault in how the panel made its decision, we cannot question the outcome. If we find fault, which calls into question the panel’s decision, we may ask for a new appeal hearing.
11. The panel considered evidence from different witnesses, including the school and Miss Y. The panel reviewed evidence submitted by the school and Miss Y. It considered the circumstances which led to the school’s decision to permanently exclude Miss Y’s child and decided the criteria for quashing the decision had not been met. The panel therefore upheld the exclusion.
12. We are unlikely to find fault in the way the panel reached its decision, and therefore we will not investigate this part of Miss Y’s complaint.

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Final decision

13. We will not investigate Miss Y’s complaint because we cannot investigate complaints about what happens in schools, and we are also unlikely to find fault in the Independent Review Panel’s response to warrant an investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman