Hampshire County Council (24 020 379)

Category : Education > Special educational needs

Decision : Closed after initial enquiries

Decision date : 28 Apr 2025

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint about the Council imposing controls on how he can contact the Council. It is unlikely we would find he has been caused any significant injustice.

The complaint

  1. Mr X says the Council has not followed its policies and guidance in imposing contact limits.

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The Ombudsman’s role and powers

  1. 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 fault has not caused injustice to the person who complained; or
  • any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by Mr X which includes the Council’s reply to him.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X has three children with Special Educational Needs. This means he needs to contact the Council about their education provision and support. He says the Council has restricted his contact with it. He says the Council’s based its reasons on lies or a manipulation of the truth. He says the Council has not followed its own policies and guidance.
  2. The Council says Mr X made unreasonable demands and unreasonable levels of contact. It imposed three conditions on contact:
      1. The Council will only reply to courteous communication and when it is legally required to do so.
      2. It gave Mr X one email address to contact the Council on. It will reply to Mr X’s emails to that address if appropriate and necessary. It will reply within statutory timeframes. It said it will review Mr X’s emails sent to other email addresses but they may not be acknowledged.
      3. It will hold no in person meetings unless there is a statutory requirement to do so, such as an Education Health and Care Plan annual review.
  3. The Council said it would review the limits within six months of February 2025.
  4. The contact limits do not prevent Mr X from receiving any Council service he is entitled to. Our investigation would be unlikely to find he has been caused any significant injustice by the contact limits.

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Final decision

  1. We will not investigate Mr X’s complaint because it is unlikely we would find he has he been caused any significant injustice.

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Investigator's decision on behalf of the Ombudsman

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