Summary: We have discontinued our investigation into how the Council remedied the impact of Ms X’s child missing education. This is because we cannot achieve anything further.

The complaint

1. Ms X complained the Council told her she could claim for loss of earnings and for her and her child’s suffering after her child did not get educational provision. She said when she tried to do so, the Council said she had already accepted a payment and it refused her claim.
2. Ms X said her mental health and finances have suffered, and she has become isolated.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
5. Ms X and the Council had an opportunity to comment on an earlier draft of this statement.

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What I found

What happened

6. Ms X’s child was out of school for a period of time. Ms X complained. She said she lost earnings when she left her job to care for her child.
7. The Council offered Ms X a payment. The Council said its complaints procedure did not deal with claims for loss of earnings. The Council said this needed to be done through its insurance department.
8. Ms X accepted the payment. She complained to the Ombudsman.

Analysis

9. I have considered our published guidance on remedies for missed education. I consider the Council’s payment was in line with our guidance. These payments remedy not only the impact of the lost education on the child, but also the impact on the parent(s).
10. Ms X has a right to go to court to claim for lost wages and/or compensation. This is not something the Ombudsman can achieve.
11. For these reasons, we have decided there is nothing more we can achieve through investigating Ms X’s complaint. We have therefore discontinued our investigation.

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Decision

12. We have discontinued our investigation.

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Investigator's decision on behalf of the Ombudsman