Summary: We will not investigate this complaint about the withdrawal of the complainant’s daughter’s entitlement to funded childcare. This is because there is insufficient evidence of fault on the Council’s part to warrant investigation.

The complaint

1. The complainant, Mrs X, complains that the Council is at fault in withdrawing her adopted daughter’s entitlement to funded childcare with her chosen childminder.

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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 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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X’s daughter is eligible for 15 hours per week of free childcare under the Free Early Education Entitlement. Mrs X complains that, because her childminder is now related to her following the adoption, the Council has withdrawn the funding. Mrs X says the Council was always aware of the intention to place her daughter with this childminder, and argues that it should make additional funding available for the purpose.
6. The Council’s response sets out why the Free Early Education Entitlement for which Mrs X’s daughter is eligible cannot be used to fund this specific placement. It declines to use alternative funds to do so. Mrs X disagrees with this decision. But that does not mean it amounts to fault.
7. The Ombudsman will not investigate Mrs X’s complaint because there is insufficient evidence of fault on the Council’s part. There is no dispute that Mrs X’s daughter is entitled to funding, or that the statutory guidance prevents its use in these circumstances. The only remaining question is whether the Council should make alternative funding available. Its response indicates that it has considered the matter and decided not to do so. That was its decision to make, and it is a defensible position in the circumstances of the case. Without evidence of fault in the way the Council has considered the matter, the Ombudsman cannot criticise the merits of its decision, or intervene to substitute an alternative view. Investigation is not therefore warranted.

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Final decision

8. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman