The Ombudsman's final decision
Summary: We will not investigate this complaint about the provision of the free school meals for Miss X’s child at home. There is insufficient evidence of fault to warrant investigation.
The complaint
Miss X said the Council had no inclusive policy to ensure children with disabilities absent from school receive their free school meals entitlement.
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. (Local Government Act 1974, section 24A(6))
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 Council provided evidence it had received from the child’s school of its attempts to make provision for Miss X’s child on the Council’s behalf. This stated the school had tried two different methods, and that it tried to vary the menu to suit the child, but that Miss X had ultimately declined food boxes as she had complained about the quality and wanted vouchers instead. The Council’s duty is to provide free school meals. I have seen no evidence that the Council has refused to provide free school meals for Miss X’s child or that it would refuse should Miss X again request them.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault to warrant investigation.
Investigator's decision on behalf of the Ombudsman