Summary: We will not investigate Miss X’s complaint about the Council’s response to a complaint about fees charged by a nursery in receipt of government funded childcare money. There is not enough evidence of fault by the Council to warrant investigation.

The complaint

1. Miss X said a nursery was not clear about extra charges when she used her free 30 hours. She said the nursery failed to deal with her complaint properly. She said the Council did very little when she complained to it about the nursery.

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The Ombudsman’s role and powers

2. 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.
   (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as private nurseries. (Local Government Act 1974, sections 25 and 34(1), as amended)

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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

6. The complaint relates principally to the actions of a private nursery. These lie outside our legal powers. However, the Council has a role in overseeing the free childcare scheme and in dealing with complaints about it.
7. The complaint correspondence shows the dispute between the nursery and Miss X concerned the actual cost of food and the amount charged per day for the hours that were not free. It also concerned the nursery’s response to Miss X’s request to pay half the additional sum and to send food for her child. The Council found the nursery’s actions fell within the limits of government guidance, and that the only action it needed to take was to check that the nursery’s published terms for parents were sufficiently clear about the notice period when withdrawing a child from the provision. It did not have to ask the nursery to agree to Miss X’s request to pay back half the fees incurred in the notice period. Our further involvement would be unlikely to lead to a finding of fault by the Council in considering Miss X’s complaint.

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Final decision

8. We will not investigate Miss X’s complaint because:

• There is not enough evidence of fault in the Council’s response to Miss X’s complaint to warrant our further involvement; and
• We cannot investigate the actions of the nursery.

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Investigator's decision on behalf of the Ombudsman