Summary: We will not investigate Mrs X’s complaint about the Council’s actions concerning a parental group. The Council’s apology is sufficient for the injustice caused and the matter does not warrant further investigation.

The complaint

1. Mrs X complained the Council deliberately ignored the comments and feedback a parents’ group she is a member of provided about co-production of special educational needs (SEN) procedures and practices. She said this made members of the group feel disrespected, under-valued and demoralised.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

3. Under the information sharing agreement between the Local Government and Social Care Ombudsman and the Office for Standards in Education, Children’s Services and Skills (Ofsted), we will share this decision with Ofsted.

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How I considered this complaint

4. I read Mrs X’s complaint and the Council’s responses to it. I gave Mrs X an opportunity to comment on a draft decision.

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What I found

5. The Council runs a co-production group that involves staff and a group of parents in discussing and planning SEN matters. Mrs X said the Council deliberately ignored the parents’ emails with feedback and comments about the co-production process and that it showed no urgency in publicising a letter about co-production it had agreed to write and issue. In its response to Mrs X’s complaint, the Council apologised that a link to the letter was not included in a newsletter circulated to service users, and for delay in issuing the letter, which it said was due to a new councillor wishing to contribute to the text. It also apologised that it had not sent some emails to Mrs X’s and another parent’s personal email addresses and confirmed its commitment to co-production. The Council’s apology and confirmation are sufficient for the injustice caused.

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Final decision

6. We will not investigate this complaint. This is because the Council’s actions are sufficient to remedy the injustice caused and the matter does not warrant further investigation.

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Investigator's decision on behalf of the Ombudsman