Summary: We will not investigate this complaint that a school is trying to remove Mr X’s son from its roll. This is because the law prevents us from investigating what happens in schools, and because the Council is not responsible for Mr X’s child’s education provision.

The complaint

1. Mr X complains that a school in the Council’s area is trying to remove his child from their roll. Mr X wants the Council to investigate the actions of 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 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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X lives in a different Local Authority area who is responsible for Mr X’s child’s Education Health and Care (EHC) Plan. The school named on that EHC Plan is though based in West Berkshire.
7. I cannot investigate Mr X’s complaint that his child’s school is attempting to remove them from its roll. This is because we have no legal power to investigate what happens in schools.
8. Furthermore, the education provision for Mr X’s child is the responsibility of another Local Authority, so he would need to raise a complaint to them if he is unhappy with how the provision is being managed.

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Final decision

9. We will not investigate Mr X’s complaint because we have no powers to investigate what happens in school and another Local Authority is responsible for his child’s education.

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Investigator's decision on behalf of the Ombudsman