Summary: We will not investigate this complaint that the Council has failed to address disrepair at a children’s centre. This is because any injustice caused to the complainant flows from her relationship with a private provider, not the Council.

The complaint

1. The complainant, who I will refer to as Miss X, complains that the Council’s failure to address disrepair at its children’s centre led to the closure of the nursery her child attended.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
3. 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 any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Miss X’s child attended a nursery based in a Council children’s centre. Miss X complains that the Council failed to address disrepair at the building affecting the nursery. She says it chose to prioritise works to offices at the building instead.
7. Miss X says the Council’s failure to take appropriate action to address the disrepair forced the nursery provider to move out of the building. She says this compelled her to incur travel costs taking her son to another provider, which she wants the Council to reimburse.
8. We will not investigate Miss X’s complaint. Miss X says the nursery provider was happy for her to correspond with the Council on the matter but there is no indication that she has the provider’s consent to make a complaint to the Ombudsman on its behalf. The impact of the issues with the Council’s building on the private provider‘s ability to operate is a matter governed by the relationship between the parties.
9. Miss X does not have a direct relationship with the Council on this matter. The injustice she claims in terms of extra costs flows from her commercial relationship with the nursery provider as a user of its service. As such, it does not fall to the Ombudsman to consider.

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Final decision

10. We will not investigate Miss X’s complaint. This is because any injustice caused to her flows from her relationship with the nursery provider, not the Council.

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Investigator's decision on behalf of the Ombudsman