The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s failure to take action to deal with dangerous doors at a local nursery. This is because there is not enough evidence of fault by the Council and it is unlikely we could achieve any worthwhile outcome.
The complaint
The complainant, Miss X, complains the Council has failed to take appropriate action to address the risk of injury to children attending local nurseries. She is concerned that the edges of certain doors, deemed acceptable by the Council acting in its capacity as building inspector, are too sharp.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Miss X and the Ombudsman’s Assessment Code.
My assessment
The Council has explained the doors used at the nursery comply with the industry standards and the Building Regulations and are suitable for use in such settings. While Miss X’s child (Y) suffered an unfortunate accident this does not show the Council is wrong and we cannot say it must tell all nurseries using the doors to make changes against its own judgement.
The nursery has also been the subject of an inspection and investigation by OFSTED, who found no issue warranting further action. It is unlikely we could add to its findings or those of the Council, or that investigation would achieve anything worthwhile for Miss X.
If Miss X considers the Council or nursery are to blame for the injury to Y she may wish to make a claim to their insurers, or through the courts.
Final decision
We will not investigate this complaint. This is because the Council’s decision on the suitability of the doors is a matter of professional judgement and it is unlikely we could achieve any worthwhile outcome by investigating the matter further.
Investigator's decision on behalf of the Ombudsman