Summary: We will not investigate Mr X’s complaint about the Council’s investigation of a nursery fee policy. There is insufficient evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council has not investigated the fee charging policy at a nursery his child attends.

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 I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

4. Mr X’s child attends a nursery. The nursery’s terms and conditions state parents are still required to pay for their child’s place when the child is on holiday and temporarily not attending nursery.
5. Mr X reported the fee to the Council’s trading standards team. The Council determined the fees to be ‘fair and allowable’. The Council signposted Mr X to Ofsted and the nurseries complaints process.
6. I have seen insufficient evidence of fault in the way the Council made their decision not to pursue this matter.

Back to top

Final decision

7. We will not investigate Mr X’s complaint. There is insufficient evidence of fault to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman