The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council communicates with a political representative about special educational needs and disability matters. This is because we have decided any injustice is not significant enough to justify our involvement.
The complaint
Mr X complains the Council fails to properly communicate with him about special educational needs and disability (SEND) matters. Mr X says this has caused him injustice because it is preventing his timely and productive intervention for families. Mr X wants the Council to review its communication processes.
The Ombudsman’s role and powers
People may complain to us about injustice caused by ‘maladministration’ and ‘service failure’ by a public organisation we could investigate. (Local Government Act 1974, section 26A(1) or section 34C(1)(a)).
We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), or section 34B(8)).
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
The law means we can choose only to investigate a complaint where we consider the person affected has suffered serious loss, harm, or distress as a direct result of faults or failures by the body complained about. We will not normally investigate a complaint where we decide the alleged loss or injustice is not sufficiently significant.
We will also not normally investigate where the complainant is not the person primarily affected and they are complaining about a secondary impact on them, rather than acting on behalf of the persons directly affected.
I recognise the circumstances of Mr X’s complaint have affected him. I also recognise he is complaining because he considers the Council’s actions are preventing him reflecting the concerns of those directly affected. However, this is not significant enough to warrant us investigating.
Final decision
We will not investigate this complaint because any injustice is not significant enough to justify our involvement.
Investigator's decision on behalf of the Ombudsman