Hertfordshire County Council (20 009 543)

Category : Education > Other

Decision : Upheld

Decision date : 28 Jan 2021

The Ombudsman's final decision:

Summary: We will not investigate this complaint that the Council gave wrong information to the complainant about free school meals. This is because the Council has provided an appropriate response and there is not enough injustice to require an investigation.

The complaint

  1. The complainant, whom I refer to as Mr X, complains the Council wrongly told him he was eligible for free school meals for his child. Mr X says the Council’s response is inadequate.

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The Ombudsman’s role and powers

  1. 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 an investigation if we believe:
  • the Council has provided a fair response, or
  • the injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

  1. I read the complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision.

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What I found

Free school meals

  1. There are national rules, set by central government, regarding eligibility for free school meals. People qualify if they receive a specified benefit.

What happened

  1. Mr X enquired about entitlement to free school meals for his child. He sent proof of the benefits he receives. The Council told him he was eligible. But, when Mr X checked with the school, it had not heard anything about his eligibility.
  2. Mr X contacted the Council again. The Council realised it had made a mistake and it told Mr X he is not eligible because he does not receive one of the specified benefits.
  3. Mr X complained. In response, the Council apologised and said it had made an error. It accepted it had incorrectly told him he was eligible. The Council said it provided the correct information to him within three working days of realising the error and it gave him a list of the benefits that provide entitlement to free meals. The Council said that, despite the error, it cannot give him free meals because it has to follow the national rules. It said that Mr X has not lost out because he never had an entitlement.
  4. Mr X is dissatisfied with the reply. He says an apology is not enough. Mr X says the Council has rejected all his suggestions such as giving him free meals until Easter.

Assessment

  1. The Council made a mistake but it has provided an appropriate response by apologising, explaining how the scheme works and that it cannot operate outside the rules. In addition, the Council corrected the mistake quickly.
  2. I also will not start an investigation because there is insufficient evidence of injustice. Mr X has not lost out on any free meals because he does not qualify for them. The wrong information he was given does not make him entitled to free meals. If the Council had given Mr X the correct information at the start, then Mr X would be in the same position as now, with no entitlement.

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Final decision

  1. I will not start an investigation because the Council has provided a fair remedy and there is not enough injustice to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman

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