Summary: The Ombudsman cannot investigate Mr X’s complaint about the Council’s decision on his complaint that a councillor breached the code of conduct. The Ombudsman cannot investigate complaints from bodies constituted for public service.

The complaint

1. Mr X is the Chair of the board of governors at a school. He complained to the Council in his position as chair of the governors.
2. The Council sought a response to his concerns from the councillor concerned. It then decided to take no further action.

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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. I considered information provided by Mr X and the Council, including his original complaint to the Council.

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What I found

6. Both local authority schools and their governors public bodies. 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. Mr X is complaining from his role as the Chair of the Governors.

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Final decision

8. I cannot investigate this complaint as complaints made from public bodies such as school governors of state schools are outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman