The Ombudsman's final decision
Summary: We will not investigate Mr F’s complaint because the Council agreed to appoint an independent investigator and consider his complaint at the second stage of the statutory children’s complaints process. The reason Mr F’s complaint has not progressed is because Mr F refused the Council’s offer, not because of anything the Council has done.
The complaint
Mr F complained the Council will not provide support for his son to attend afterschool activities.
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 another body better placed to consider this complaint, or it would be reasonable for the person to ask for a council review or appeal.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr F and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr F’s son is autistic. Mr F wants support so his son can attend afterschool activities. The Council declined his request.
Mr F complained to the Council on 6 December 2024. The Council responded on 27 December 2024. The Council explained that its limited resources did not permit the provision of the service Mr F requested, and his son was not eligible for support from the children with disabilities team.
Unhappy with the Council’s response, Mr F complained to us. We decided the Council should complete the complaints process. The Council agreed to appoint an independent investigator and consider Mr F’s complaint at the second stage of the statutory children’s complaints process.
Mr F refused the Council’s offer.
But he continued to complain to the Council and to us. He says matters have ‘gone beyond local resolution’ and demands an immediate enquiry by us and by other regulators.
We decided the Council should complete the statutory children’s complaints process before we would consider Mr F’s complaint. That decision still stands.
I appreciate Mr F is frustrated and I accept his son is vulnerable. But the Council offered to appoint an independent investigator to consider to his concerns. The Council has not obstructed Mr F’s complaint.
I consider local resolution remains appropriate. There are no grounds for us to accept the complaint now.
Final decision
We will not investigate Mr F’s complaint because the Council agreed to appoint an independent investigator and consider Mr F’s complaint at the second stage of the statutory children’s complaints process. The reason Mr F’s complaint has not progressed is because Mr F refused the Council’s offer, not because of anything the Council has done.
Investigator's decision on behalf of the Ombudsman