Summary: We will not investigate this complaint about the Council allegedly colluding with a school. The complaint is ancillary to matters we have already considered and declined to investigate in complaint 24 017 444. Investigating this matter would be unlikely to lead to any worthwhile outcome.

The complaint

1. Mrs X said the Council engaged in pressure tactics, unprofessional conduct, discriminatory attitudes, and lacked positive engagement. She said it failed to follow proper procedures. In her complaint to the Council, she said it had colluded with a school, shown an inappropriate familiarity with an officer of the school, and advised the school how to respond to her communications.

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The Ombudsman’s role and powers

2. 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 no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))
 

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)

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How I considered this complaint

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

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My assessment

7. The complaint is set in the context of a dispute between Mrs X and the Council about the nature of her child’s special educational needs and what alternative education if any should be offered for the child. We have already decided not to investigate her complaint about the educational provision her child should receive in complaint 24 017 444. We will not revisit that matter. This complaint is ancillary to that in that it relates to the relationship of the Council to a school. Moreover, the school’s actions are themselves outside our legal powers. Investigation by us of this matter is unlikely to lead to any worthwhile outcome.

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Final decision

8. We will not investigate Mrs X’s complaint because doing so is unlikely to lead to any worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman