Summary: We will not investigate this complaint that the Council has failed to address neglect and safeguarding issues at a nursery setting because we would not add anything significant to the investigation the Council has already carried out.

The complaint

1. The complainant, Miss X, complains that the Council has failed to address neglect and safeguarding issues which led to her daughter suffering a sexual assault.

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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:

• we would not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or

(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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X’s daughter attended a Council-maintained nursery setting. While attending she suffered a sexual assault by another child. Miss X complains that the Council’s subsequent response was flawed. She says the Council should accept that it was at fault and that it could have prevented the assault.
6. The Council has responded to Miss X’s complaint and upheld it in part. It has accepted that it is likely that the events described by her daughter took place. It has found that the reporting of one incident was flawed and has taken action to review the procedures in the setting. Miss X believes the Council’s response is insufficient.
7. The Ombudsman will not normally investigate a complaint which has already been substantially upheld. It is not a good use of public money to do so. In this case, the question for us is whether our intervention would add anything to the investigation the Council has carried out. There is nothing to suggest that it would do so.
8. The Council’s response at Stage 2 of its complaint procedure addressed Miss X’s complaint properly. Its findings are reasonable and proportionate, and the Ombudsman would not seek to add to them. The only outstanding matter is that Miss X wants the Council to accept that the assault could have been prevented. The Ombudsman will not speculate on whether this is likely and we cannot therefore achieve the finding Miss X wants.

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Final decision

9. We will not investigate Miss X’s complaint because we would not add anything significant to the investigation which has already been carried out.

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Investigator's decision on behalf of the Ombudsman