Southampton City Council (20 005 934)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 18 Nov 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mrs X’s complaint about her child’s school. This is because we cannot consider complaints about what happens in schools.
The complaint
- The complainant, whom I shall call Mrs X, complains staff in her son’s school have not been properly trained in how to administer his medication. She also says her son has been left unsupervised and the school’s staff have not been trained in how to deal with seizures – which her son suffers from.
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 complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)
How I considered this complaint
- I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.
What I found
- Mrs X’s son has an Education, Health and Care (EHC) Plan. Mrs X is concerned about how he has been cared for in school. Mrs X says staff have left him unsupervised. She says the school has not properly trained its staff in administering medication or dealing with seizures – which her son suffers from.
- The exception at paragraph 3 applies to Mrs X’s complaint. The law prevents the Ombudsman from considering complaints about what happens in schools. Mrs X’s concerns about day to day events in her son’s school are therefore outside our jurisdiction.
- But if Mrs X has concerns about how the Council has dealt with her son’s EHC Plan, or is concerned the content of the plan is not being delivered, she should complain directly to the Council. If Mrs X was unhappy with the Council’s response, she could make a fresh complaint to the Ombudsman. We could then decide whether to investigate.
Final decision
- The Ombudsman will not investigate Mrs X’s complaint. This is because we cannot consider complaints about what happens in schools.
Investigator's decision on behalf of the Ombudsman