New arrangements for handling parents' and young people's complaints about individual school issues - the Local Government Ombudsman's role

New system

The DCSF is currently legislating (via the Apprenticeships, Skills, Children and Learning Bill) to extend the remit of the LGO to enable him to investigate school matters, affecting an individual pupil, where there is no independent appeal process already in place.

We expect to receive Royal Assent by November 2009 with a view to commencing the testing/evaluation phase in a selected number of local authorities by April 2010 (could be September 2010).

A qualifying complaint against a school would be where a pupil or parent claims to have suffered injustice because of the actions, or omissions, of the governing body or by the head teacher exercising, or failing to exercise, functions of a kind to be specified in Regulations.

The LGO's current activity relates to new service design and an assessment of any adjustments required to the LGO's current service remit.

As stated above we will prescribe in Regulations which of head teachers' current statutory functions should be within remit of the service. We are holding discussions with internal and external stakeholders about which functions should be included. The LGO is also participating in discussions with key stakeholders.

Out of scope

Complaints and appeals relating to school admissions dealt with by the local education authority or governing body, permanent school exclusions and special educational needs will not fall within the scope of the new scheme as they have their own independent appeals processes. Special educational needs cases which are currently within the remit of the First-Tier Tribunal (Special Education Needs and Disability) (previously known as SENDIST) will also be outside the scope of the Local Commissioner.

Current system (for background)

Currently, when a parent or pupil is concerned about an issue, arising from their individual experience at school, they can contact the teacher or head teacher of a school. If the issue remains unresolved they can contact the governing body of the school or management committee in the case of a short stay school (formally known as a pupil referral unit).

If the complainant remains unhappy, once the governing body has looked into their complaint, they may approach the Secretary of State under section 496 or 497 of the Education Act 1996 and ask him to consider their complaint.

The Department receives around 2200 complaints per year that would qualify under the new scheme. In order to uphold a complaint the Secretary of State must consider that the governing body has been acting unreasonably and that it is expedient to intervene. In practice there are very few occasions when a direction may be made.

Parents may approach their Local Authority for advice if the issue remains unresolved at school level however LAs are not legally required to hear parents' complaints about individual school issues - some do and some don't. We will commission research with LAs to help us better determine the current picture.

If the complaint relates to a whole school matter parents may approach Ofsted.

ASCL Bill

http://www.dcsf.gov.uk/apprenticeshipsskillschildrenandlearningbill/