Overview
The complainant (Mr C) complained to the Scottish Government Learning Directorate (the Directorate) about the manner in which the Registrar for Independent Schools (the Registrar) conducted an investigation into Mr C's request that a notice be served on Mr C's son (Master C)'s school (the School) under section 99 of the Education (Scotland) Act 1980. Mr C made the request following his dissatisfaction about the manner in which the School had conducted an investigation about an allegation of sexual assault.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) the Registrar unreasonably failed to undertake a thorough investigation of Mr C's complaint by not consulting with the Social Work Department or consulting with Mr C about the report the Registrar had prepared for the Scottish Ministers (upheld); and
- (b) the Registrar's report was based on factually incorrect information (upheld).
Redress and recommendations
The Ombudsman recommends that the Directorate:
- (i) ensure that written procedures are in place for investigating and reporting to Ministers on a request for a section 99 notice to be served;
- (ii) ensure that any recommendations which are made by the Registrar in relation to a request for a section 99 notice to be served are notified to all relevant parties;
- (iii) draw the findings of this investigation to the attention of the Registrar; and
- (iv) apologise to Mr C and Master C in relation to the failings identified within this report.
The Directorate have accepted the recommendations and will act on them accordingly.