The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about a comment a Council employee made. There is not enough evidence of fault to warrant an investigation.
The complaint
Mrs X complained a Council Legal Officer made a discriminatory comment about her child’s education. She also complains about how the Council handled her complaint.
She says that this has affected her physical and mental health. Mrs X would a number of outcomes including an apology and service improvements.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X issued pre-action legal papers to the Council relating to her child’s educational provision. A Council Legal Officer responded with a statement on behalf of the Council which Mrs X said was not in line with the child’s Education, Health and Care Plan. Mrs X was upset by this comment, which she believed was the view of the Officer and not the Council’s and was discriminatory. She complained.
The Council stated the Officer’s statement set out the Council’s legal response to Mrs X’s challenge. It said it did not consider it was discriminatory or inappropriate. The Council confirmed the statements made by Officer were made on behalf of the Council.
It was later decided Mrs X’s legal challenge did not meet the necessary requirements and it was passed to the Council’s special educational needs section to respond.
The Council made a statement as part of its response to Mrs X’s legal challenge. It knew if it went to court it would have to defend this view. The Council was entitled to conduct its legal defence as it wished and we cannot interfere with this. The fact it ultimately did not go to court does not negate this. There is not enough evidence of fault in the Council’s actions to warrant an investigation.
Mrs X says she has experienced discrimination. We cannot come to findings on this, only the courts can.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault or significant injustice to warrant an investigation.
Investigator's decision on behalf of the Ombudsman