North East Lincolnshire Council (21 018 218)
Category : Education > COVID-19
Decision : Closed after initial enquiries
Decision date : 31 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council not following COVID 19 guidance. 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 our investigation could achieve significantly more.
The complaint
- The complainant, whom I shall call Miss X, says officers did not follow COVID-19 guidance in November 2020.
The Ombudsman’s role and powers
- This complaint involves events that occurred during the COVID-19 pandemic. The Government introduced a range of new and frequently updated rules and guidance during this time. We can consider whether the Council followed the relevant legislation, guidance and our published “Principles of Good Administrative Practice during COVID-19”.
- 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)
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council accepts that in November 2020 officers, whilst in Miss X’s garden during an education session with her child, failed to comply with the ‘Working safely during the coronavirus’ guidance. This isolated incident involved officers drinking water from Miss X’s own crockery, spitting out the water onto the ground, and failing to clean up the spillage.
- Our investigation is unlikely to add to the Council’s apology given in response to this incident.
Final decision
- We will not investigate Miss X’s complaint because it is unlikely we would achieve a significantly different outcome.
Investigator's decision on behalf of the Ombudsman