Summary: The Ombudsman will not investigate this complaint about the conduct of a councillor. This is because there is no evidence of fault in the way that the Council considered the complaint.

The complaint

1. The complainant, who I refer to here as Mrs J, says that a councillor for the local authority:
• Did not take timely action regarding an unlawful school policy to exclude pupils on the basis of exam scores; and
• Has not acted with integrity following representations by parents.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)
6. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

7. I considered the information provided by Mrs J and by the Council. I have also sent Mrs J an initial view and then a draft decision for her comments.

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What I found

8. Mrs J is a parent of a child who attends a school in the Council’s area. Mrs J, along with other parents, have made a number of complaints about the management of the school, over the last few years.
9. One of these complaints related to a policy by the School to exclude pupils on the basis of exam scores.
10. Although matters have now been resolved, Mrs J says that the uncertainly arising from the School’s actions caused distress to the children and parents involved, including her child.
11. She says that a councillor with the portfolio responsibility for Children, Education and Families delayed taking action about the issue, and did not respond to parents’ concerns with the transparency and openness required.
12. Mrs J complained to the Council, which investigated the issue in line with its Member Code of Conduct procedures. It did not uphold Mrs J’s complaint.
13. Mrs J has now brought the matter to the Ombudsman, but we will not investigate it. This is because we cannot consider the substantive complaint, but can only consider whether the Council looked at it properly. I have seen no evidence of fault in the way the Council’s officer considered and responded to the complaint, and we cannot challenge the merits of a properly taken decision.

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Final decision

14. Subject to any comments Mrs J might make, my view is that the Ombudsman should not investigate this complaint. This is because there is no evidence of fault in the way the Council considered the matter.

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Investigator's decision on behalf of the Ombudsman