Summary: Mrs X complains that the Council has not honoured a contract she had with a local school for the provision of after school care. The Ombudsman will not investigate this complaint because this is a matter for the courts.

The complaint

Mrs X complains that the Council has not honoured a contract she had with a local school for the provision of after school care.

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The Ombudsman’s role and powers

1. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
3. We cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)

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How I considered this complaint

4. I have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.

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What I found

5. Mrs X says that she agreed a contract with a local school to provide after school care for pupils. She says that the school decided in 2018 that they would set up their own after school club.
6. She says she lost a copy of the contract but has now found it and believes that the school’s decision was a breach of that contract.
7. Any dispute about the breach of, or terms of, a contract can only be determined by a court which is an expert body and who’s decisions are binding. Further, the complaint appears to be about what happens in schools and, as such, is out of jurisdiction for the reason given in paragraph three above.

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Final decision

8. I do not intend to investigate this complaint because this is a matter for the courts.

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Investigator's decision on behalf of the Ombudsman