Summary: We have discontinued our investigation into Mrs B’s complaint about her daughter's special educational needs support. Since we received the complaint, the Council has commissioned an independent investigation to reconsider the issues Mrs B has raised. If Mrs B remains dissatisfied after this reconsideration, she can contact us again.

The complaint

1. The complainant, whom I refer to as Mrs B, complains that the Council failed to deliver her daughter’s social care support for over two years and has also failed to offer suitable or accessible alternatives.
2. Since we accepted Mrs B’s complaint for investigation, the Council has informed us that it is now reconsidering this complaint, along with several others, under the three-stage Children Act complaints procedure.

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The Ombudsman’s role and powers

3. 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 it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information from Mrs B and the Council. Both had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

5. As the Council is now reconsidering Mrs B’s complaint and is doing so under the Children Act procedure (which involves an independent investigation and review panel), there is no current purpose to an Ombudsman investigation.
6. If Mrs B remains dissatisfied with the outcome of the Children Act procedure, then she can contact us again and ask us to look at her complaint.

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Final decision

7. I have discontinued my investigation.

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Investigator's decision on behalf of the Ombudsman