Kent County Council (25 013 164)
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about the running of a charity commissioned by the Council. This is because she has not experienced personal injustice and another body is better placed to consider her concerns.
The complaint
- Mrs X says the Council did not properly investigate the serious concerns she raised about the governance, financial management, and culture of a charity it commissions to support parents and carers of children with Special Educational Needs (SEN). She says the investigation was not independent and that the Council did not provide adequate oversight. She wants an independent investigation, stronger monitoring, and the suspension of the Chair of Trustees.
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:
- any fault has not caused injustice to the person who complained, or
- we cannot achieve the outcome someone wants, or
- there is another body better placed to consider this complaint, or
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X complained to the Council about a charity it part‑commissioned. She alleged poor management, misuse of public funds, bullying, and serious governance failures.
- Mrs X’s complaint is essentially a whistleblowing concern about the governance and conduct of a third‑party organisation receiving public money.
- Because the complaint centres on the internal governance and conduct of an independent charity, we cannot investigate it. We do not regulate charities or examine their internal management, financial controls, or trustee conduct.
- We can only consider whether the Council was at fault in its actions. The evidence shows the Council investigated Mrs X’s complaint, responded at two stages, and explained the limits of its monitoring role under the Collaboration Agreement. It confirmed it had consulted relevant partners and stated that the Chair’s payments were permitted under the charity’s constitution. The Council acknowledged delays in its complaint handling, apologised, and noted that the charity had since made changes to its policies and governance arrangements.
- We will not investigate this complaint because Mrs X has not experienced a significant personal injustice. We also cannot provide the outcomes she wants, such as ordering an independent investigation into the charity or suspending its Chair. The Charity Commission is the correct body to consider these concerns, and Mrs X should complain directly to them.
Final decision
- We will not investigate Mrs X’s complaint because she has not suffered a significant personal injustice and there is another body better placed to deal with complaints about a charity.
Investigator's decision on behalf of the Ombudsman