Summary: The Council agreed to arrange a stage three panel to consider this complaint about the Council’s children’s services. We will therefore not investigate it at this stage.

The complaint

1. The complainant, who I will call Mr X, complains about action the Council has taken in relation to his children’s education.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The law sets out a three-stage procedure for considering complaints about children’s services. Stage two of this procedure involves an independent investigation, and then the Council issuing its adjudication on the complaint. The Council did this in July.
6. Mr X disagreed with the outcome of the stage two investigation and requested it be progressed to stage three, which involves a panel hearing. The Council explained to Mr X that the officer who had adjudicated upon his case was on sick leave but that an Assistant Director could attend in their place. Dissatisfied Mr X contacted the Ombudsman.
7. I will not investigate this complaint because there is nothing more the Ombudsman can achieve at this stage. There are some circumstances in which the Council may discuss with the complainant an early referral to the Ombudsman, without a stage 3 review taking place. But this complaint does not meet the criteria.
8. It is usually in everybody’s best interests for a complaint to complete this procedure before we consider a complaint. The Council has agreed to arrange a stage 3 review of Mr X’s complaint with an Assistant Director in attendance. So there is nothing more the Ombudsman can achieve at this stage. Mr X can contact us again if he remains unhappy after stage 3 of the procedure.

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Final decision

9. We will not investigate Mr X’s complaint because the Council has told him that it can arrange a stage three panel with an Assistant Director. Therefore, we should not investigate at this stage.

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Investigator's decision on behalf of the Ombudsman