Summary: We will not investigate this complaint about alleged fault in the content of a draft policy document. This is because the Council has made a reasonable response to the matter our intervention would not lead to a different outcome.

The complaint

1. The complainant, who I will refer to as Ms X, complains that the Council has been at fault in the production of a draft autism strategy, as a result of which the draft document omits content she regards as appropriate.

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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:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has produced a draft of its new autism strategy. Ms X complains that the draft is flawed, in that it omits specific content she believes should be included. She says the release of the draft in its current form amounts to misleading the public. She wants the document to be reviewed.
6. The Council has declined to address the matter through its corporate complaints procedure. Rather, it has offered to meet with Ms X to discuss her concerns about the content of the draft policy document.
7. The Ombudsman will not investigate Ms X’s complaint. The policy at issue is in draft form and cannot therefore have caused Ms X a significant material injustice at this stage. In offering to discuss her concerns directly, the Council has offered a way forward which appears reasonable. The Ombudsman will not therefore criticise its response to the concerns Ms X has raised, and will not seek to achieve anything further.

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Final decision

8. We will not investigate Ms X’s complaint because our intervention would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman