Summary: We will not investigate this complaint about the way the Council decided to make changes to its provision of nursery school places. We have not seen enough evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Mr X complains the Council failed to communicate enough with parents, carers, and staff about plans to cut, reduce, and partially close a Council run nursery at short notice.

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The Ombudsman’s role and powers

2. 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 not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s child attends the Council nursery.
6. In late 2023, the Council published a committee paper outlining alternatives for changes to its provision at the nursery school attended by Mr X’s child. It published the papers one week before the Committee meeting at which the options would be discussed
7. Mr X says this did not give parents enough time to make written comments or questions for the committee.
8. The Council confirms it wrote to parents the day the papers were published. It also held a meeting a few days before the committee meeting.
9. At the meeting the committee decided to move the nursery to an alternative setting and alter the available sessions. However, the changes will not come into force until the start of the school year in 2024.
10. The Council confirms it will support parents whose children are affected by the changes to find alternative provision.
11. Mr X complains that in its committee papers, the Council advised it would carry out ‘community consultation’ before any changes. The Council confirmed this should have read ‘consultation with parents’. It also confirmed that as the nursery provision is not a statutory function, it is not required to carry out a wider consultation with the whole community, rather than those with children attending the nursery. It also says this was clarified at the committee meeting when the decision to change the provision was made.
12. I understand Mr X is concerned about the impact the changes will have on his child, and that finding alternative nursery provision is stressful. However:
• nursery school provision is not a statutory function of a local authority and therefore there is no requirement for the Council to carry out community consultation before making changes
• the options papers were published a week before the committee meeting in line with the Council’s constitution
• the Council says it will support parents who are affected by changes which will take effect in early autumn this year.

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Final decision

13. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s actions regarding proposed changes to its nursery school provision.

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Investigator's decision on behalf of the Ombudsman