Summary: We will not investigate this complaint about closure of a specialist Council service. This is because there is not enough evidence of fault for us to investigate.

The complaint

1. Mrs X complains the Council closed down a specialist service which was supporting her daughter at school.

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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 there is not enough evidence of fault to justify investigating. (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 Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council is entitled to move services as it sees fit. We cannot direct the Council to provide support. Mrs X can request an Educational, Health and Care Needs Assessment for this.
6. We carry out an administrative review and our role is limited to checking the Council made its decision properly.

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Final decision

7. We will not investigate Mrs X’s complaint because there is not enough of evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman