Summary: We will not investigate this complaint about the Council’s response to a safeguarding concern during a children’s swimming lesson. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Miss X complained the Council failed to take appropriate action after her child injured themselves during a swimming lesson. She said staff did not check on his welfare, record the incident or intervene appropriately. Miss X also said the Council did not properly consider her concerns through its complaint process. Miss X said this caused her distress. Miss X is seeking an apology and for the Council to review its accident reporting processes.

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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., 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. The Council said it reviewed the CCTV, spoke with the instructor, and checked relevant safety protocols. The Council said there were no visible signs of ongoing distress, the child did not report pain during or after the lesson and he continued with his lesson. The Council said it did not complete an incident form because staff did not witness an incident, the child did not report an injury, and a parent did not inform them at the time. It made this decision in line with its procedures.
6. In these circumstances, we are satisfied the Council properly considered the incident and explained why further action was not taken at the time. There is not enough evidence of fault in how the Council considered the matter to justify our involvement. The Council has also taken learning steps with staff about welfare checks and communication. Further investigation by the Ombudsman would not lead to a different outcome.
7. Regarding the Council’s handling of the complaint, we are satisfied that the Council has properly considered and responded to Miss X’s concerns.

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Final decision

8. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify investigating

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Investigator's decision on behalf of the Ombudsman