Summary: We will not investigate this complaint about the way the Council handled an annual review. This is because there is insufficient evidence of an injustice caused to the complainant.

The complaint

1. Ms X complains about the Council’s actions during her son’s annual review.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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, 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complains the Council consulted a school she asked it not to consult with during her son’s annual review. She also says this school inappropriately discussed one of her other children during the consultation for her son.
7. We will not investigate this complaint. There is insufficient evidence of any injustice caused to Ms X by the complaints alleged.

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Final decision

8. We will not investigate Ms X’s complaint because there is not enough evidence of a personal injustice caused to Ms X.

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Investigator's decision on behalf of the Ombudsman