Summary: We will not investigate Mr X’s complaint about childcare charges made under the Free Early Education Entitlement. This is because we have not seen enough evidence of fault with the Council’s actions to justify a further investigation.

The complaint

1. Mr X complained his childcare provider charged him mandatory charges during Free Early Education Entitlement.
2. He said the Council disregarded the relevant guidance and accepted the provider’s charges were reasonable and within the relevant rules. Mr X also said the childcare provider was in breach of the rules up until it updated its website.
3. Mr X complained the daily charges for food are excessive.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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))

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The law says we cannot look at the actions of a childcare provider. Instead, we focus on the steps the Council took to resolve concerns raised by Mr X about charging arrangements.
9. Mr X complained to the Council about the childcare provider’s charging arrangements. He also said the daily food charges are excessive. In response, the Council contacted the childcare provider to understand what childcare fees it was charging and its opt-out provision.
10. The Council then found out the ‘opt-out offer’ section on the childcare provider’s website had not been updated after the provider was taken over by a new company. Following feedback from the Council, the childcare provider updated it’s the opt-out section of its website.
11. Whilst we cannot investigate the childcare provider’s actions, the evidence available shows the Council took reasonable steps to resolve Mr X’s concerns about the childcare provider’s charging arrangements.

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Final decision

12. We will not investigate Mr X’s complaint because we have not seen enough evidence of fault with the Council’s actions to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman