Summary: We will not investigate this complaint about advice given by the Council to staff at a nursery which led to the involvement of Ofsted in the running of the nursery. This is because we cannot link the claimed fault to the injustice the complainant says she has suffered.

The complaint

1. The complainant, who I refer to as Ms X, says a Council officer was wrong to advise staff working in the nursery she owned to contact Ofsted with concerns they had about how it was being run. She says as a result of Ofsted involvement her health and finances have suffered.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. In considering the complaint I reviewed the information provided by Ms X and the Council. I gave Ms X the opportunity to comment on my draft decision.

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What I found

4. Ms X complained to the Council that a Council officer was wrong to advise staff at the nursery she owned to take concerns they had about the running of the nursery to Ofsted.
5. The Council explained that it could not address this matter under its corporate complaints procedure because this stated that: ‘Individuals, companies or organisations in a contractual or professional relationship with the Council should raise any concerns they may have with the relevant manager or contract manager within the Council. They will not be considered through this procedure.’ It did, however, confirm the relevant manager would respond to her concerns.
6. Dissatisfied with the Council’s response, Ms X complained to the Ombudsman.

Assessment

7. Ms X alleges the Council officer gave wrong advice to the nursery staff and should not have referred them to Ofsted. However, regardless of whether it was wrong advice or not, any detriment suffered by Ms X has been caused by the actions of Ofsted and not those of the officer. Moreover, as Ofsted became involved and pursued matters this indicates it was the right body to refer the staff to.

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Final decision

8. We will not investigate this complaint. This is because we cannot link the claimed fault to the injustice the complainant says she has suffered.

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Investigator's decision on behalf of the Ombudsman