Surrey County Council (21 008 173)

Category : Education > Special educational needs

Decision : Not upheld

Decision date : 31 May 2022

The Ombudsman's final decision:

Summary: Mr F is concerned for the welfare of his son, B. His son is looked after by the Council. Mr F feels side-lined by the Council. The Council has responded appropriately to Mr F’s complaints.

The complaint

  1. Mr F is concerned for the welfare of his son, B. His son is looked after by the Council. Mr F is concerned B is not in education and is using drugs. He believes B is ‘out of control’. He does not think the Council is doing enough to set boundaries and get his son back to college. He feels side-lined by the Council. Mr F complained to the Council and is unhappy with the Council’s response.

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What I have investigated

  1. I have considered the Council’s response to Mr F’s complaint. I have not considered the support the Council provides Mr F’s son. This is because Mr F’s son has not made a complaint himself or given his consent for Mr F to complain on his behalf. Mr F’s son is almost an adult and is entitled to decide whether to complain about matters that affect his life. Instead, I have checked the Council took Mr F’s concerns seriously and responded appropriately.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

  1. I have considered:
    • information provided by Mr F;
    • information provided by the Council, including its response to Mr F’s complaint.
  2. I invited Mr F and the Council to comment on my draft decision.

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What I found

  1. Things did not work out when Mr F’s son, B, lived at home. B is now looked after by the Council under a voluntary agreement.
  2. B is an older teenager. He will soon be an adult.
  3. Mr F is unhappy with the support the Council provides B and the boundaries it sets. He believes B is out of control and incapable of making decisions about his life. He believes the Council should do more to get B back to college. He is unhappy with the Council’s response to his complaints.
  4. Mr F’s most recent complaint was about B’s education. In its response, the Council explained that B is entitled to make his own decisions and the Council must take account of his views. B wants to find work rather than remain in education and the Council is supporting him to find suitable employment. Mr F was unhappy with the Council’s response and complained to the Ombudsman.

Consideration

  1. Mr F is concerned for his son’s welfare. He told me his concerns extend far beyond his latest complaint about his son’s education.
  2. The Council sent me a copy of its previous responses to Mr F’s complaint. The Council sent a long letter on 21 June 2021 which explained the support the Council was providing B and how the Council was addressing Mr F’s concerns about B’s drug use, his accommodation and his education. The letter also explained how the Council involved Mr F in decisions affecting his son and how he could continue to be involved.
  3. I am satisfied the Council responded appropriately to Mr F’s complaints. While I acknowledge Mr F does not agree with decisions his son has made, this does not mean the Council is at fault.
  4. Mr F’s complaint essentially boils down to a disagreement about what his son should do with his life. I do not underestimate the importance of these matters. However, parental responsibility is not a constant right, but diminishes as the child gets older.
  5. Mr F’s son has not complained about the support he receives from the Council. As the Council has responded appropriately to Mr F’s concerns, there are no grounds for me to pursue Mr F’s complaint any further.

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Final decision

  1. I have ended my investigation. The Council responded appropriately to Mr F’s concerns about his son’s welfare.

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Investigator's decision on behalf of the Ombudsman

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