Hertfordshire County Council (25 004 254)
The Ombudsman's final decision:
Summary: This complaint about the failure to provide free school meals has been ended. During the course of the investigation the Council has offered a payment to remedy the financial injustice as a goodwill gesture and so there is no worthwhile outcome achievable by further investigation.
The complaint
- The complainant, Mrs X, complains the Council did not ensure that Free School Meals provision was made for her child, Y, from January 2025 until June 2025. Mrs X says that this has caused her a financial injustice.
The Ombudsman’s role and powers
- 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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
How I considered this complaint
- I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
- Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.
What I found
- Y is entitled to free school meals and received them at school. Mrs X has received vouchers from 18 June 2025 onwards, as Y has been Educated Otherwise Than At School (EOTAS) from this date.
- Mrs X complains about the period from January 2025 until 18 June 2025. Mrs X says that initially the school offered Y a packed lunch, as he was attending school on a part-time timetable. But the food was not suitable for Y’s needs. Y then stopped attending school in March 2025.
- As Y was in school for some sessions until March 2025, I consider that the free school meals were available for the family in the form of packed lunch. I understand that Y may have not wanted the lunch provided but it was available in the same way as for other pupils.
- From March 2025 until June 2025 the Council has offered Mrs X a payment of £195 as a goodwill gesture. I consider this remedies the injustice to the family and there is no worthwhile outcome achievable by further investigation.
Decision
- I have ended my investigation and uphold Mrs X’s complaint. The Council has taken action which has resolved the outstanding issue and no further action by the Ombudsman is needed.
Investigator's decision on behalf of the Ombudsman