Summary: We will not investigate this complaint about exam arrangements for the complainant’s daughter. This is because we cannot consider complaints about the internal management of schools. Consideration of the Council’s actions would be unlikely to lead to a finding of fault.

The complaint

1. The complainant, Mrs X, complained on behalf of her daughter (Y) who has an Education, Health and Care Plan (EHC Plan). Because of her special educational needs Y does not attend school. Mrs X wants Y to be able to sit her public examinations at home. Y’s school has not agreed to the request because it says it is not funded for the arrangements Mrs X wants. The Council has directed Mrs X back to Y’s school as it says the exam arrangements are a matter for the school.

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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 complaints about what happens in schools unless it relates to special educational needs, when the schools are acting on behalf of the council to secure educational provision as set out in Section F of the young person’s Education, Health and Care Plan.
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. While sympathetic to Mrs X’s situation, we will not start an investigation into her complaint.
8. The law is clear the Ombudsman cannot investigate most complaints about what happens in schools. This includes complaints about “conduct, curriculum, internal organisation, management or discipline” in schools maintained by the Council. This exclusion applies here. It is the school’s responsibility to enter Y into public examinations and to liaise with the examination body about any special test arrangements. The school’s actions are outside our jurisdiction with no discretion.
9. Y does have an EHC Plan and the Council has a duty to ensure its content is delivered. This is something we can look at. But there is nothing in the EHC Plan about where Y should sit public examinations. I have not seen any evidence the Council is failing to deliver the content of the EHC Plan. Consideration of the Council’s role would therefore be unlikely to lead to a finding of fault and so we will not investigate.

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Final decision

10. We will not investigate Mrs X’s complaint. We cannot consider a complaint about her daughter’s school and there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman