Summary: We will not investigate this complaint about the Council’s response to complaints of overcharging for nursery care. This is because further investigation would not add anything to the Council’s previous investigation, and we cannot achieve the outcomes the complainant seeks.

The complaint

1. The complainant, who I refer to here as Mr C, says that:
• The nursery that his child attends was charging unlawful top-up fees for nursery provision which should have been free; and
• The Council has refused to hold the nursery liable, or to fine it.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr C and by the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council investigated allegations made by Mr C and other parents whose children attend the Nursery. It upheld them, as not adhering to its funding Code of Practice.
6. It has not held the Nursery liable. However, it has offered to re-imburse parents who can provide evidence of overcharging by the nursery.
7. Mr C is not satisfied with the outcome, as he wants the Nursery to be held liable and fined by the Council. These are not outcomes that the LGSCO could achieve.

8. Mr C also says he does not have clear information regarding what the fees should be, and he remains unhappy with the poor relationship he now has with the Nursery management. These are not issue that investigation by the LGSCO can resolve as they are matters that Mr C needs to take up with the Nursery.

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Final decision

9. I will not investigate this complaint because further investigation would not add anything to the Council’s previous investigation or achieve Mr C’s desired outcomes.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman