The Ombudsman's final decision
Summary: We will not investigate this complaint about issues involving Mrs X’s child’s attendance at a summer club. The Council’s role in these matters is limited and investigation is unlikely to lead to a finding of fault.
The complaint
Mrs X said her child was excluded from a summer club when she disclosed her child had special educational needs. She said she was targeted because she complained about the organiser and those involved misused Council funds,.
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 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.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The summer club in question was organised by a community group. The Council’s role was limited to ensuring that the range of voluntary provision it funds is accessible to the whole community and that funds are not misused. The former duty does not mean all activities have to be or remain open to all members of the community.
In this case, the Council confirmed it visited the provider twice in the summer of 2024 and found no misuse of funds. It also confirmed that the provider was not making core special educational needs and disability (SEND) provision, and that the provider had declined to accept Mrs X’s child’s continued participation due to an inability to make the necessary adjustments. Finally, the Council confirmed that other core SEND activities were funded in its area.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault in the Council’s limited role in this matter to warrant our further involvement.
Investigator's decision on behalf of the Ombudsman