Summary: We will not investigate this complaint about comments made by a caseworker regarding parental responsibility. This is because the issue has not caused a significant enough injustice to warrant investigation and because we cannot achieve the outcome that the complainant seeks.

The complaint

1. Ms X complains that a Special Educational Needs (SEN) caseworker incorrectly recorded who had parental responsibility for Ms X’s child. Ms X wants the case worker removed from her child’s case. Ms X also complains about the content of her child’s Education Health and Care (EHC) Plan and about inaccurate information provided to the courts.

Back to top

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:

• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. I will not investigate Ms X’s complaint about the contents of her child’s EHC Plan or information that the Council has provided to the courts. These matters have already been considered by the Ombudsman and we cannot accept repeat complaints about the same issues.
6. Ms X hasn’t previously complained to the Ombudsman about comments made by the SEN caseworker regarding the parental responsibility of her child. However, I will not investigate this matter because I do not consider that this issue alone has caused her a significant injustice. Furthermore, we cannot achieve what Ms X is seeking which is for the caseworker to be removed from her child’s case. It is for the Council and not to Ombudsman to decide how cases are allocated.

Back to top

Final decision

7. We will not investigate Ms X’s complaint because she has not suffered a significant enough injustice and because we cannot achieve the outcome she is seeking.

Back to top

Investigator's decision on behalf of the Ombudsman