Summary: We will not investigate this complaint about how the Council consulted with a college in 2023 because further investigation would not lead to a different outcome.

The complaint

1. Ms X complains about how the Council has dealt with matters concerning her son, Mr X’s, education. Ms X complains about how the Council consulted with a college in 2023. She also complains about how the Council has dealt with Mr X’s education placement for the 2024/2025 school year.

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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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I will not investigate Ms X’s complaint about how the Council consulted with colleges in 2023. The Council accepted an error was mad and that this caused confusion for which it apologised for. The Council subsequently resent its consultation. This is an appropriate and proportionate response, and I do not consider that investigation would lead to a different outcome.
7. The Council sent its final complaint response to Ms X in Oct 2023. Ms X complained about how the Council has dealt with arrangements for a college placement for Mr X for September 2024. I will not investigate this element of Ms X’s complaint because it is premature. She will first need to raise these matters with the Council through its complaint’s procedure. She can ask us to consider the complaint if she is dissatisfied with the Council’s response.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman