Summary: The Ombudsman cannot investigate Ms X’s complaint about the resurfacing work done by the Council at the local authority school where she is the headteacher. He cannot investigate complaints from bodies constituted for public service, or from people not complaining as members of the public.

The complaint

1. Ms X is the headteacher of a Derbyshire County Council school. The Council organised for the tarmac resurfacing of the school’s car park. Ms X and the school’s governors are dissatisfied with the work. They say it has not been done in line with the terms of the contract.
2. Ms X and the governors want the Council to either:
• refund the school budget the £13,000 cost of the works; or
• re-do the car park to the specifications quoted in the contract.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate complaints from public bodies. (Local Government Act 1974, section 27(1)(a), as amended)

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How I considered this complaint

5. As part of my assessment I have:
• considered the complaint and the documents provided by Ms X;
• issued a draft decision, inviting Ms X to reply.

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What I found

6. Both local authority schools and their governors are bodies constituted for public service. The Ombudsman cannot by law investigate complaints from public bodies, including local authority schools.
7. The Ombudsman investigates complaints brought by members of the public, or their appointed representatives. Ms X and the governors are complaining from their roles within the school, not as members of the public.

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Final decision

8. The Ombudsman cannot investigate this complaint. This is because the Ombudsman cannot investigate complaints from bodies constituted for public service, or from people not complaining as members of the public.

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Investigator's decision on behalf of the Ombudsman