Cheshire West & Chester Council (25 004 468)
Category : Education > Special educational needs
Decision : Closed after initial enquiries
Decision date : 17 Sep 2025
The Ombudsman's final decision:
Summary: We will not investigate X’s complaint about the Council’s failure to sign a contract for their child, Y’s, school which meant they missed out on four transition half-days. This is because the Council apologised, offered a symbolic payment, and an investigation is unlikely to achieve a different outcome.
The complaint
- X complained the Council:
- failed to communicate with their child, Y’s, school which meant Y missed out on transition days; and
- failed to follow its complaints process.
- X said the matter caused them distress, frustration, and time and trouble.
The Ombudsman’s role and powers
- 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).
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
Background
- X has a child, Y, who has special educational needs (SEN). In September 2024 Y was scheduled to take part in four half-days as part of their transition into their school. However, a delay occurred because the Council did not sign the relevant contact. This meant Y could not attend the transition days.
- X complained to the Council.
- The Council responded to X and apologised. It explained the reason for the delay in signing the contract. It offered X a £100 symbolic payment to recognise the frustration and uncertainty caused by the delay.
- X complained to the Ombudsman. They said the Council’s complaint responses were delayed and the £100 remedy was not sufficient.
Analysis
- We will not investigate X’s complaint about the Council’s failure to sign the relevant contract in time for Y to attend four transition half-days.
- The Council already apologised and offered a £100 symbolic payment in recognition of the distress and frustration caused. An investigation by the Ombudsman is unlikely to achieve any additional outcome.
- We will also not investigate X’s complaint about the Council’s complaint handling. This is because it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
Final decision
- We will not investigate X’s complaint because an investigation is unlikely to achieve a different outcome.
Investigator's decision on behalf of the Ombudsman