Summary: We will not investigate Miss X’s complaint about the Council’s involvement with her child. There is not enough evidence of fault to warrant an investigation.

The complaint

1. Miss X complained the Council:
1. acted without her authority to take Y to school on one occasion; and
2. failed to consider her complaint through its complaints process.
2. Miss X said the matter caused emotional distress to her and Y.

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The Ombudsman’s role and powers

3. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Miss X complained the council arranged with the police for Y to be escorted to school without her permission. Miss X said the Council then denied its involvement and refused to consider her complaint through its complaint process.
7. The Council said it was not involved in the incident which Miss X alleges and therefore this is the reason it did not consider the matters through its complaint process. Instead, it directed Miss X to raise her complaint with other organisations.
8. Based on the available evidence, there is not enough evidence of fault by the Council to warrant our involvement. For this reason, we will not investigate this complaint.

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Final decision

9. We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman