The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mrs G’s complaint about the Council’s application of the National Child Measurement Program as it is unlikely we would find fault.
- The complainant, whom I shall call Mrs G, says the Council failed to consider her grandchild, D, within its National Child Measurement Program (the Program).
The Ombudsman’s role and powers
- We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
- We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered the information Mrs G provided with her complaint. Mrs G had an opportunity to comment on a draft version of this decision.
What I found
- Mrs G is concerned D is overweight. She says the Council failed to take action to address D’s weight through the Program.
- Mrs G has not provided any consent from D’s parents to complain on D’s or their behalf. Nor has she explained why she is the most suitable person to complain instead of them. Without this we could not investigate Mrs G’s complaint.
- The Program applies to children who are in the Reception Class at school and Year Six. D will shortly be four years old. Therefore, she is not in the Reception Class yet and this Program does not apply to her yet. We will not investigate Mrs G’s complaint as it is unlikely we would find fault.
- We will not investigate Mrs G‘s complaint as it is not warranted by the alleged injustice as it is unlikely we would find fault.
Investigator's decision on behalf of the Ombudsman