Summary: We will not investigate this complaint about Mr X not being warned that his child was in a grace period for free childcare due to passcode not having been renewed. There is not enough evidence of fault by the Council to warrant investigation.

The complaint

1. Mr X said he was not told that his child was in a grace period that was due to expire because a passcode for free early years childcare had not been validated.

Back to top

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))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Council’s duty is to notify parents via childcare providers if they have failed to renew a passcode for free childcare and lapsed into a grace period before the care becomes chargeable. They should remind childcare providers of the importance of notifying parents within five days.
6. In this case, Mr X did not renew his passcode in December 2023. The Council’s final response to Mr X’s complaint stated it had issued an email reminder to Mr X on 18 January 2024. It also stated it notified the childcare provider on 13 February 2024, and the provider contacted those parents whose codes had not been renewed on 19 February 2024. The Council said Mr X was also sent reminders four weeks and two weeks before the grace period expired 31 March 2024.
7. Mr X would have been aware of the need to renew the passcode every three months as he had used the scheme for more than a year. On the balance of probabilities, it is more likely than not that the Council met its duty and that several attempts were made to contact Mr X as this was a standard practice for all parents. That he did not receive the emails would not be the Council’s responsibility.
8.  

Back to top

Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant investigation.

Back to top

Investigator's decision on behalf of the Ombudsman