Summary: We will not investigate this complaint about the Council providing incorrect information. This is because any injustice is not significant enough to justify our involvement.

The complaint

1. Mrs X complains the Council gave incorrect information on two occasions and refused to address her complaints about this. She says this led to incorrect charges and delay in resolving this, which now forms the basis of a separate complaint to us.

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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 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

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. In August 2025 Mrs X became aware the Council had failed to make a referral in October 2024. She says had it been made, the resulting injustice around charges could have been resolved sooner.
6. I note Mrs X has separately made a complaint to us about the subsequent matters and resulting injustice under case 25027412.
7. There are too many variables to say matters would have been resolved sooner or that there is a direct significant injustice due to the alleged failure that is separable from that which we may consider under the substantive complaint. Therefore it is not proportionate to investigate the lack of referral as a stand alone point. Any injustice is not significant enough.
8. Mrs X also complains the Council wrongly said in March 2025 that financial implications of social care part funding the placement were explained to her. Mrs X says this encouraged children’s social care to continue to apply charges for education in error.
9. However, we cannot say the Council’s statement directly led to any incorrect charges. There are too many other factors in the decision making to make a direct link. I consider any fault did not cause a significant enough injustice to justify an investigation.
10. I acknowledge Mrs X considers we should investigate the Council’s alleged dishonesty and she has emphasised the distress and uncertainty suffered as a result. However, any distress and uncertainty is not a significant enough injustice to justify an investigation. As explained at paragraph 2, we must use public money carefully; we do not investigate all complaints made to us.
11. It is not a proportionate use of our resources to investigate the Council’s complaint handling when we are not investigating the substantive matters.

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Final decision

12. We will not investigate Mrs X’s complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman