Summary: The Ombudsman will not investigate Miss X’s complaint that the Council will not pay the tuition fee for her higher degree course because there is no evidence of fault that would warrant investigation.

The complaint

1. Miss X complains the Council refused to pay the tuition fee for her higher degree course.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I read Miss X’s complaint and the Council’s response to it. I gave Miss X an opportunity to comment on a draft decision.

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What I found

5. Miss X was formerly looked-after by the Council. It paid her tuition and maintenance fees when she studied a first degree at university. It considered her requests to pay her tuition and maintenance fees when she went on to study a higher degree. It agreed only the latter. The Council has no duty to pay the university tuition fees of former looked-after children. It was not therefore at fault.

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Final decision

6. The Ombudsman will not investigate this complaint. This is because there is no evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman