Summary: We will not investigate this complaint about the Council’s School Attendance Support Service. It is unlikely we could add anything to the Council’s response and the law prevents us from considering matters discussed in court.

The complaint

1. The complainant, whom I shall refer to as Miss X, complained about the conduct of a member of staff from the Council’s School Attendance Support Service. Miss X said they were rude, did not support her, and gave false evidence in court. Miss X is unhappy with how her complaint has been dealt with. Miss X wants an apology, action against the member of staff, updated information sent to the Court, and compensation.

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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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I understand the issues at the heart of this complaint are important to Miss X. But we will not start an investigation.
7. In its response to Miss X the Council said complaints about staff conduct are dealt with under its line management procedures. It said the actions involving Miss X’s case were in line with its policies and procedures. It is unlikely we could add anything to the Council’s response or achieve a different outcome. We cannot tell the Council what actions, if any, it should take against its staff. We cannot require the member of staff to apologise.
8. More importantly, the actions of the member of staff are linked to court action and the evidence given in court. We have no powers to investigate what happens in court. We cannot consider complaints about reports written for court proceedings or evidence given in court. We cannot tell the Council what information to give to the Court. We have no discretion to consider this point. We do not award compensation. That is a matter for the courts.
9. Miss X is unhappy with how her complaint was dealt with. But it is not a good use of our resources to investigate complaint handling if we are not going to look at the issue which led to the complaint.

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Final decision

10. We will not investigate Miss X’s complaint. It is unlikely we could add anything to the Council’s response or achieve what Miss X wants. We cannot consider complaints linked to court proceedings.

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Investigator's decision on behalf of the Ombudsman