Summary: We will not investigate Mrs X’s complaint about poor communication from the Council. Investigation would not add anything to the Council’s response or achieve a different outcome.

The complaint

1. The complainant, Mrs X, complained a phone call from the Council’s ‘Virtual School’ about her child’s education caused alarm and distress.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Mrs X complained to the Council following a telephone call from its Virtual School about her child’s education. Mrs X’s child has an Education, Health and Care Plan (EHC Plan) and receives Education Other Than At School (EOTAS). Mrs X has not previously dealt with the Virtual School, whose roll she understood was to work with Looked After Children. In her complaint to the Council Mrs X said the call was unexpected and caused avoidable distress. Mrs X said the Council was slow to respond to her concerns.
6. In response to Mrs X the Council explained it had restructured its services. The Virtual School now included “Preparation for Adulthood” and that is why it had contacted Mrs X. It said it had not contacted parents individually about changes to its services, but information was on its website. A member of staff had called Mrs X to provide information about the changes. The Council apologised for delays in communication.
7. While I recognise Mrs X’s concerns, we will not start an investigation into her complaint. This is because we could not add anything to the Council’s response and our involvement would not lead to a different outcome. Our involvement is not therefore warranted.

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Final decision

8. We will not investigate Mrs X’s complaint because our involvement would not add anything to the Council’s response or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman