Summary: We will not investigate Ms X’s complaint about how the Council dealt with concerns she raised to the Director of Children’s Services and the Monitoring Officer. This is because there is insufficient evidence of fault causing an injustice.

The complaint

1. Ms X complains that the Council has failed to properly deal with concerns that she raised to the Director of Children’s Services and Monitoring Officer.

Back to top

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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Ms X raised concerns to the Council’s Director of Children’s Services and Monitoring Officer about her child’s education and SEN provision. Ms X said her child is not receiving a suitable full-time education and their Special Educational Needs (SEN) are not being met.
6. Neither the Director of Children’s Services nor the Monitoring Officer responded to Ms X. Instead, she was told to submit her complaints via the Council’s complaints process.
7. I will not investigate Ms X’s complaint because there is insufficient evidence of fault. The Council has signposted Ms X to its complaints process in accordance with its policy.
8. Furthermore, I note that the issues raised by Ms X have now been addressed through the Council’s complaints procedure. A final response has been sent by the Council and she has escalated this to the Ombudsman. Therefore, I do not consider that she has been caused an injustice by the Council’s approach.

Back to top

Final decision

9. We will not investigate Ms X’s complaint because there is insufficient evidence of fault causing an injustice.

Back to top

Investigator's decision on behalf of the Ombudsman