Summary: We will not investigate Ms X’s complaint about the Council’s complaint handling. We are not investigating the reasons she complained to the Council.

The complaint

1. The complainant, whom I shall call Ms X, says the Council has not been responsive to her or replied to her complaints.

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The Ombudsman’s role and powers

2. 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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Ms X.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X says she made multiple complaints to the Council about matters about her child’s education. She says the Council failed to address, investigate or follow up her complaints. She says there has been a breakdown in the Council’s complaints’ procedures.
6. We will not usually investigate failures by a Council not to adhere to its complaints’ procedure if we are not investigating the subject matter of the complaint. Any complaint about how a complaint has been handled, we usually consider as part of the main complaint. I see no reasons this should not apply here.

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Final decision

7. We will not investigate Ms X’s complaint because it is unlikely we could find enough significant fault directly causing an injustice to Ms X.

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Investigator's decision on behalf of the Ombudsman