Summary: We cannot investigate this complaint about school governance. This is because the law does not allow us to investigate what happens in schools. Nor will we consider the Council’s response to that complaint. This is because the main issue is not something we can look at or make findings on, and therefore there is no worthwhile outcome achievable by considering the Council’s response.

The complaint

1. X was unhappy the Council, declined to investigate their complaint about a maintained school. X said this means they are concerned about whether the Council has properly exercised its responsibilities and this has caused them distress.

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The Ombudsman’s role and powers

2. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
3. 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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

5. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate X’s complaint because the main issue relates to internal management and governance at a school, and the law does not allow us to investigate such a complaint. Nor will we consider how the Council responded, to X’s complaint, because there is no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman