Summary: We will not investigate Ms X’s complaint about funding for childcare following her house move because there is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains the Council failed to properly exercise its discretion and fund her daughter’s childcare when she moved house. She wants the Council to reinstate the funding or pay compensation.

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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 we 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))

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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. I have carefully considered everything Ms X said, although I have not included every detail here. I have included as few details as possible to protect the anonymity of Ms X and her family.
6. Ms X’s daughter received funded childcare under the working parent entitlement.
7. Ms X moved house. She gave three months contractual notice to her daughter’s nursery. She complains the Council refused to fund childcare at the new nursery following the move.
8. She alleges the Council failed to properly exercise its discretion to fund a second placement during a “grace period” as outlined in paragraph A1.28 of the statutory guidance.
9. Funded childcare is available for eligible children at approved providers.
10. Funding is paid to providers in “blocks” (roughly equivalent to school terms) for the eligible children registered at the start of the block (the “headcount”).
11. If a child moves provider, the new provider can only receive funding from the start of a funding block.
12. The “grace period” is the length of time the Council must continue to fund a child’s childcare if their parent no longer meets the HMRC eligibility criteria. It does not apply when families move house and change provider.
13. There is not enough evidence of fault by the Council to justify an investigation of Ms X’s complaint. The “grace period” does not apply, and the Council could not fund two places in the same funding block.

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Final decision

14. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman