Summary: We will not investigate Mr X’s complaint about how the Council dealt with his concerns about a school’s complaint handling. This is because the complaint flows from the internal management of a school, which we have no jurisdiction to consider. The law says we cannot consider complaints about the actions of councils in relation to matters that are outside our jurisdiction.

The complaint

1. The complainant, whom I shall refer to as Mr X, contacted the Council about how a school had dealt with his complaint. Mr X is unhappy the Council has not responded.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)
4. 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

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

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Final decision

7. We cannot investigate Mr X’s complaint. Complaints about what happens in schools are outside our jurisdiction. We have no powers to consider complaints about a council’s actions if they relate to something which is outside our jurisdiction. How the Council dealt with Mr X’s complaint about a school is not something we can consider.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman