The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s Special Educational Needs service. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is unlikely we could add anything to the response the Council has provided.
The complaint
The complainant, whom I shall refer to as Mr X, complained his son’s caseworker from the Council’s Special Educational Needs service did not introduce themselves. Mr X said communication was poor and his family did not properly understand the caseworker’s role.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In its response to Mr X’s complaint the Council said caseworkers did not have the capacity to introduce themselves to all parents whose children they were working with. The Council recognised this meant their role was not always clear and it was considering ways to address this in the future. The Council also said it was sorry for any poor communication including emails which it had not answered.
In deciding whether to investigate a complaint we need to consider various tests. These include if there is evidence of fault by the Council and if the person complaining has been caused a significant personal injustice. We only investigate the most serious complaints. We also need to consider what we could add to a council’s response and achieve for the person complaining.
I understand the issue at the heart of Mr X’s complaint is important to him, but we will not start an investigation.
This is because the Council has offered an apology and explained why staff are not always able to introduce themselves to parents. It is unlikely we could achieve a significantly different outcome. Also, any fault by the Council or injustice to Mr X is not significant enough to warrant an investigation.
If Mr X needs further support, he could consider contacting Cambridgeshire’s SEND Information, Advice and Support Service (SENDIASS). This offers impartial information, advice and support to parents and carers who have a child with special educational needs.
Final decision
We will not investigate Mr X’s complaint because it is unlikely we could add anything to the Council’s response.
Investigator's decision on behalf of the Ombudsman