Summary: We will not investigate Ms X’s complaints about a Council officer’s communication or a delay in the Council’s complaints process because the Council already apologised and offered a symbolic payment in line with the Ombudsman’s Guidance on remedies. An investigation is unlikely to achieve anything further. We will not investigate Ms X’s complaint about how the Council arranged alternative education for her child because there is insufficient evidence of fault.

The complaint

1. Ms X complained the Council:
1. used inappropriate language to refer to her in an email with another service;
2. placed her child, Y, in an unsuitable alternative provision when they were permanently excluded from school; and
3. failed to respond to her complaint in line with its published timescales.
2. Ms X said the matter caused her frustration, distress, and uncertainty.

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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, or
• further investigation would not lead to a different outcome, 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 information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

Inappropriate language by a Council officer

6. In its complaint response the Council upheld the complaint and apologised to Ms X about its poor communication.
7. An investigation is unlikely to achieve a different outcome, and so we will not investigate.

Alternative provision for Y when they were permanently excluded

8. Alternative educational provision was made available to Y on the sixth day of their exclusion. This is in line with the Council’s statutory duties, even if Ms X did not want Y to attend that specific institution.
9. There is insufficient evidence of fault to warrant an investigation, and so we will not investigate this matter.

Delay in responding to Ms X’s complaint

10. The Council’s stage one complaint response was delayed by several months. In its complaint responses the Council apologised. It offered Ms X a £100 symbolic payment to acknowledge the frustration and uncertainty caused.
11. An investigation is unlikely to achieve a different outcome, and so we will not investigate this complaint.

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Final decision

12. We will not investigate most of Ms X’s complaint because an investigation is unlikely to achieve a different outcome. We will not investigate part of the complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman