LGO to investigate individual complaints by parents and pupils over school “injustices”

The Local Government Ombudsman’s remit is to be extended to investigating individual complaints made by pupils and parents about schools under draft rules put forward this week.

A Department for Children, Schools and Families consultation paper sets out regulations for a new complaints system about “injustices” arising from school matters.

Currently, 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 now provides 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.

According to the DCSF, 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 draft regulations were brought out under the Apprenticeships, Skills, Children and Learning Act 2009, which received Royal Assent last month.

Submissions will close on 5 February 2010. The consultation will be followed by small-scale testing of the new arrangements from April next year across a small number of local authorities.

The DCSF will also issue new statutory guidance by September 2010 to all schools in order to ensure their internal complaints procedures reflect the best practice.