Local Government Ombudsman launches new schools complaints service
The Local Government Ombudsman (LGO) has published detailed of its new complaints handling service to deal with its new role in hearing complaints about “injustices” arising from internal school matters.
The extension of the LGO's jurisdiction to individual school issues for the first time was provided by The Apprenticeships, Skills, Children and Learning Act 2009. Schools are legally required to have a complaints procedure under section 29 of the Education Act 2002, with all complaints to be considered by the governing body. The new regime will provide parents with opportunity to further investigate circumstances where a pupil or parent is not satisfied with the way the governing body has dealt with the complaint.
Before investigating the complaint, the Ombudsman must be satisfied that the matter was brought to the attention of the governing body and that the governing body was given a reasonable opportunity to investigate the matter and respond, unless the circumstances of the case mean this is not reasonable.
Parents and pupils can complain where they feel they have sustained “injustice” in consequence of an act or omission of the governing body or school. They may also approach the LGO if they feel they have suffered an injustice in relation to the exercise or failure to exercise a prescribed function on the part of the head teacher.
“Injustice” is broadly defined as “an adverse affect on a pupil or parent.” This may include hurt feelings, distress, worry, time and trouble in pursuing a justified complaint, or a detrimental effect on the pupil’s education or general well-being.
The service, which will begin operating on 19 April 2010, will initially cover maintained schools in four local authority areas – Barking and Dagenham, Cambridgeshire, Medway and Sefton - with more local authority areas added in phases until the full service is available nationally from September 2011.
Chairman of the Commission for Local Administration and Local Government Ombudsman Tony Redmond said that in providing this new service, the Ombudsmen are seeking to provide one route for redress for those with complaints about school matters who have been unable to resolve their concerns through local resolution.
He said: “We are mindful of the need to exercise discretion when investigating complaints in a proportionate manner as well as the need to reach timely, evidence-based decisions”
The DCSF will also issue new statutory guidance later this year to all schools in order to ensure their internal complaints procedures reflect the best practice.
The LGO already considers complaints about a wide range of education matters, including those about statementing process and provision of services for children with special educational needs; the way in which appeals are heard in respect of school admissions and permanent exclusions and the provision of school transport services.
