Summary: We will not investigate this complaint about an alleged threat of legal action made by a Council officer to Miss X regarding school attendance. There is not enough evidence of injustice caused by fault to warrant investigation.

The complaint

1. Miss X said a Council officer threatened her with legal action over a school attendance fine that had already been paid. She said the Council refused to hold the officer accountable for failing to check properly. She said she had been caused immense stress, anxiety and frustration as the parent of a child with special educational needs.

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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 any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. The Council accepted an error led to a fine being shown as unpaid when Miss X had paid it. However, she was able to show she had paid the fine and the Council took no action. While undoubtedly frustrating for Miss X, investigation would be unlikely to find the injustice caused was sufficient to warrant our further involvement.

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Final decision

6. We will not investigate Miss X’s complaint because investigation would be unlikely to find sufficient injustice was caused to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman