Summary: The Ombudsman will not investigate this complaint about the Council restricting the complainant’s contact with it. This is because there is no evidence of fault in the Council’s actions.

The complaint

1. The complainant, who I refer to here as Mr M, says that the Council unfairly restricted his contact with it and imposed a Communication Plan. He believes its actions to be illegal.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered the information provided by Mr M and by the Council. I have also sent Mr M a draft decision for his comments.

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What I found

4. Mr M has been in dispute with the Council for some time regarding his sons’ Special Educational Needs (SEN) and the provision that he believes they need.
5. Mr M says that in June 2020 the Council told him that it was restricting his contact with it. It has sent him a Communication Plan which says he can only contact the Council via a named Single Point of Contact (SIP).
6. Mr M says that this is unjust and unlawful. He says that SEN guidance states he has a right to complain to relevant Council officers, including to the Chief Executive Officer if he wants to appeal a decision regarding his son’s SEN provision. Mr M feels that the contact restriction prevents him from exercising his right to express his concerns.
7. The Council’s response to Mr M’s complaint on this matter says that it needs to manage his contact in order to improve lines of communication and avoid duplicate email trails. It has therefore given him contact details for a named SEN officer and a named social worker, and explained that contact needs to go to them, rather than to broad range of officers. It further says that if they cannot resolve any new issues, Mr M can contact the Complaints and Feedback Service email. It makes clear that contact to any other officers, including the CEO, will not receive a response.
8. Although Mr M is unhappy with the Communication Plan, and says he will not obey it, I have seen no evidence of fault in the Council’s action.
9. This is because it has given reasons for the restriction, and explained clearly what it entails. The Plan does not prevent him from raising his concerns, or from making new complaints if concerns are not resolved. Additionally it has provided a timescale for its review.
10. For these reasons, I will not investigate this complaint.

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Final decision

11. I will not investigate this complaint. This is because there is no evidence of fault in the actions of the Council.

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Investigator's decision on behalf of the Ombudsman