The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint the Council has not properly investigated the conduct of councillors who failed to provide promised support with her daughter’s school problem. There is insufficient evidence of fault by the Council. The Ombudsman has already investigated the education complaint and remedied the injustice to Ms X and her daughter.
The complaint
Ms X complains the Council has not upheld her complaint about the conduct of two local councillors who failed to keep a promise to support her when her daughter had problems at school this year. Ms X says the councillors failed to attend a complaint meeting at the school which might have prevented her daughter from being out of school. Ms X says the councillors abandoned her. Ms X says the lack of support caused her daughter to be out of school for 6 months, harmed her own health, and had a bad impact on her finances. Ms X says the Council has suggested the situation is not serious enough to investigate when the Ombudsman has found injustice. She wants the Council to properly investigate the councillors.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with 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))
How I considered this complaint
I have considered Ms X’s information and comments. The information includes the Council’s decision letter, 5 September, on the complaint against two councillors. I have considered our decision, dated 15 September 2022 (ref 21 016 916), upholding Ms X’s complaint about her daughter being out of school from February.
My assessment
I will not investigate this complaint for the following reasons: There is insufficient evidence of fault in how the Council has considered Ms X’s complaint about the conduct of the councillors. Ms X’s complaint to the Council says the councillors promised support at a stage 3 complaint meeting at the school due in March 2022. The Council says the councillors told Ms X, in February, they could not attend and there were email contacts. The Council does not consider there was a breach of the councillor code of conduct. It says if the councillors were at fault, it would not be serious enough to warrant further investigation. The Council does not consider there is sufficient public interest to investigate. The Council has not said Ms X’s daughter being out of school was not serious. It is relevant that our earlier decision statement says, at paragraph 29, that a councillor contacted a senior education manager, on behalf of Ms X, about the difficulties in arranging a new school.
It would not be a good use of limited public resources to investigate the actions of the councillors or for the Council to do so.
The Ombudsman has investigated and upheld Ms X’s complaint about her daughter being out of school and the failure to provide support. We have remedied the injustice to Ms X and her daughter by a financial payment covering the time since February when there was no school. There is no reason to reconsider the complaint or remedy. The Council has been held responsible for the failings in this case.
Final decision
The Ombudsman will not investigate Ms X’s complaint the Council has not properly investigated the conduct of councillors who failed to provide promised support with her daughter’s school problem. There is insufficient evidence of fault by the Council. The Ombudsman has already investigated the education complaint and remedied the injustice to Ms X and her daughter.
Investigator's decision on behalf of the Ombudsman