Summary: We will not investigate this complaint that the Council did not have an appropriate procedure in place to ensure the complainant’s daughter could take a public examination. This is because investigation would not lead to a significantly different outcome.

The complaint

1. The complainant, Ms X, complains that the Council did not have an appropriate procedure in place to ensure her daughter could take a public examination.

Back to top

The Ombudsman’s role and powers

2. 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 investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Ms X’s daughter has an Education Health and Care Plan and is educated otherwise than at school. The evidence shows that, in May this year, the Council told Ms X that a problem had emerged with identifying a setting for her daughter to take a public examination.
6. Although the problem was addressed in time for Ms X’s daughter to take the examination, Ms X complains that the matter was avoidable and the fault on the Council’s part was compounded by poor communication. She says she and her daughter were caused significant distress and uncertainty.
7. The Council upheld Ms X’s complaint in part. It has apologised and offered a symbolic payment of £200. Ms X is not satisfied with the outcome.
8. The Ombudsman will not investigate Ms X’s complaint because investigation would not lead to a significantly different outcome. Fault on the Council’s part did not prevent Ms X’s daughter from taking the examination. Nevertheless, there is no reason to doubt that Ms X and her daughter were caused significant distress and uncertainty, albeit of a limited duration.
9. If the Ombudsman was to investigate, it is likely that we would ask the Council to apologise and offer a symbolic payment. It has already done so. While it is possible that the Ombudsman would have recommended a different payment, that does not, in itself, provide grounds for us to intervene.

Back to top

Final decision

10. We will not investigate Ms X’s complaint because investigation would not lead to a significantly different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman