Summary: We will not investigate Mrs X’s complaint about how the Council handles requests for summer born children to be educated out of their normal age group. This is because Mrs X has not suffered any significant personal injustice from the matter complained about.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained about how the Council handles requests for summer born children to be educated out of their normal age group. Mrs X says the Council’s policy does not comply with legislation or previous Ombudsman decisions. Mrs X says this means the Council has wrongly considered requests from other parents.

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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:

• any injustice is not significant enough to justify our involvement, or
• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained. (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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not start an investigation into Mrs X’s complaint.
6. I note Mrs X previously complained to us several years ago when the Council had refused her own request that her summer born child be educated out of year group. We found fault with the approach taken by the Council.
7. It is clear Mrs X is concerned about how the Council has dealt with recent requests for summer born children to be educated out of year group. But there is no evidence Mrs X has been caused any significant personal injustice by the Council’s current arrangements and the alleged fault. The concept of personal injustice is a key test in our Assessment Code which has not been met. We will not therefore investigate Mrs X’s complaint. I also note the Council has recently revised its policy and the information on its website. Putting aside the lack of significant personal injustice to Mrs X, based on the evidence I have seen, there is not enough evidence of fault by the Council to warrant us investigating.
8. I am aware the Council has been in contact with Mrs X about changes to its policy and how it has considered recent requests. Any parent who is unhappy with how the Council has considered their own request for out of year group admission can complain to the Council and then the Ombudsman. We would look at any cases received and decide if an investigation was appropriate.

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Final decision

9. We will not investigate Mrs X’s complaint because the matter complained about has not caused her any significant personal injustice.

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Investigator's decision on behalf of the Ombudsman