Summary: We cannot investigate Miss X’s complaint about incidents which occurred at her child’s school. This is because what happens in school is outside our jurisdiction. Nor will we investigate how the Council responded to Miss X’s concerns. This is because it is unlikely we would find fault and we are not able to achieve what Miss X is looking for.

The complaint

1. Miss X was unhappy with her child’s school, specifically because he (Y) suffered what she said was significant harm, over an 18-month period, while at school.
2. She was also unhappy with the Council and said it did not do enough to prevent Y coming to harm and nor would it consider her claims for expenditure for rehabilitation equipment.
3. Miss X said she wanted us to investigate because she wanted someone to take accountability for the harm Y came to.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
6. 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, or we cannot achieve the outcome someone wants.(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Y is a child with an Education, Health, and Care (EHC) Plan. Miss X said there were several incidents at Y’s school, which occurred, because he was not being supported properly. Because of the law I mentioned at paragraph five, we cannot investigate what happens in school.
10. Miss X also said the Council was partly responsible for Y’s injuries, because it withdrew funding available to the school. The Council responded to Miss X’s complaint and said this had not been the case, and that funding arrangements had changed when Y transitioned to this school.
11. The Council also said it was supporting Y while he was unable to attend school and offered to consider any rehabilitation equipment Miss X felt was necessary as part of Y’s EHC Plan. It also declined to accept liability for Y’s harm.
12. We will not investigate a complaint about the Council’s actions. This is because it is unlikely we would find fault. The Council has a duty to make sure Y receives the special educational provision set out in section F of their EHC Plan. We expect them to investigate and act on complaints or concerns about provision. From the evidence I have seen the Council did this.
13. In any case we could not decide the Council was liable for Y’s injury, only the courts can do that. And nor can we direct the Council to re-imburse expenses for equipment. This means we cannot achieve Miss X’s desired outcomes here.

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Final decision

14. We will not investigate Miss X’s complaint because part of it is outside our jurisdiction and of the other parts there is not enough evidence of fault and we cannot achieve Miss X’s desired outcomes.

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Investigator's decision on behalf of the Ombudsman