Summary: We will not investigate Mr X’s complaint about the Council’s decision a nursery he ran was no longer eligible to receive funding to deliver the Government’s Free Early Education Entitlement (FEEE) because there is not enough evidence of fault to justify an investigation, and no worthwhile outcome achievable.

The complaint

1. Mr X complains about the Council’s decision a nursery he ran was no longer eligible to receive funding to deliver the Government’s Free Early Education Entitlement (FEEE). The Council identified problems with paperwork and was not satisfied with Mr X’s efforts to resolve them. Mr X does not consider the Council gave him long enough to sort out the problems.

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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:

• there is not enough evidence of fault to justify investigating, or
• there is no worthwhile outcome achievable by our investigation.

(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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X accepts he made mistakes in the paperwork required by the Council. However, he says he did not intend to deceive the Council. He complains the Council did not allow him enough time to sort out the problems.
6. The Council said it worked with Mr X for 12 months to try and resolve the problems. Mr X says it was only six months.
7. There is not enough evidence of fault by the Council to justify an investigation by us. In any event, Mr X has now wound up his business. There is no worthwhile outcome achievable by our investigation.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation, and no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman