Sandwell Metropolitan Borough Council (23 015 964)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 13 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council carried out assessments in 2022 & 2024 itno a trust that the complainant represents. This is because further investigation into the assessment carried out in 2022 would not lead to a different outcome. Any complaint about the assessment carried out in 2023 is premature.
The complaint
- Ms X represents a trust that receives funding from the Council through a Voluntary Sector Grant. Ms X complains that the Council failed to follow its Voluntary Sector Compact when it assessed the trust in 2022 & 2024 leading to incorrect decisions to reduce funding.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X complained about the outcome of the assessment carried out by the Council in 2022, which resulted in the grant to the trust being cut. The Council accepted that it hadn’t properly engaged with the trust when carrying out the assessment. The Council reinstated funding and said it would revisit the assessment.
- The Council carried out a further review in 2023, which led to a reduction in the trusts grant. Ms X says the Council failed again to follow the Voluntary Sector Compact when carrying out the assessment.
- I will not investigate Ms X’s complaint about the assessment carried out by the Council in 2022. This is because the Council accepted it had failed to properly engage with the trust during the process, apologised, agreed to revisit the assessment, and reinstated the grant. Further investigation would not lead to a different outcome.
- I will not investigate Ms X’s complaint about the assessment carried out in 2023. This is because this is a new decision by the Council and therefore any complaint about this assessment is premature. The Council’s complaints process is open for Ms X to use and should she complaint and be dissatisfied with the Council’s final decision she can raise a new complaint and ask the Ombudsman to consider the matter further.
Final decision
- We will not investigate Ms X’s complaint because further investigation into the assessment carried out in 2022 would not lead to a different outcome and Ms X’s complaint about the assessment carried out in 2023 is premature.
Investigator's decision on behalf of the Ombudsman