Summary: We will not investigate this complaint about the Council’s refusal to reimburse the complainant’s legal costs. This is because there is insufficient evidence of fault on the Council’s part to warrant investigation.

The complaint

1. The complainant, Ms X, complains that the Council is at fault in declining to reimburse the legal costs she incurred in addressing the Council’s failure to make educational provision for her child.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. Ms X’s child has an Education Health and Care plan. Ms X says the Council failed to deliver the provision set out in the plan. She says she was compelled to pursue the matter by engaging legal representation with a view to requesting Judicial Review. Ms X has asked the Council to reimburse her legal costs and complains that it will not do so.
6. The Ombudsman will not investigate Ms X’s complaint. It was her choice to incur the costs and we cannot speculate on the likely outcome of any legal proceedings. That being the case, it is not for us to take a view on whether the costs were reasonably incurred and we could not find that the Council’s decision not to reimburse them amounts to fault.

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Final decision

7. We will not investigate Ms X’s complaint because there is insufficient evidence of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman