The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about a personal budget form she was asked to sign. This is because there is insufficient evidence of fault causing Miss X an injustice.
The complaint
Miss X complains about a personal budget form she was asked to sign, so her child could receive provision detailed in the Education Health and Care (EHC) Plan. Miss X says the form was inflexible and limited the information that could be included.
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, or any fault has not caused injustice to the person who complained.
(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, including a copy of the relevant form.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council sent its standard template form to Miss X which allows for additional lines to be added to include additional information. When Miss X complained, the Council explained this to her and resent the form with the additional lines added.
I will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council. Also there is insufficient evidence that Miss X has suffered an injustice by the actions of the Council.
Final decision
We will not investigate Miss X’s complaint because there is insufficient evidence of fault causing her an injustice.
Investigator's decision on behalf of the Ombudsman