Please note: our decisions are published six weeks after they are issued to councils, care providers and the person who has made the complaint. The cases below reflect the caselaw and guidance available at the time of issue and the individual circumstances of each case. Southampton City Council (23 014 153) Statement Upheld Friends and family carers 14-Jan-2025 Summary: The Council was at fault for the support it offered Mrs B while she privately fostered a child. It delayed her financial support and the childâs support plan. And it failed to do a safeguarding investigation after saying it would. It has agreed to apologise to Mrs B and will pay her a symbolic financial remedy to recognise her injustice. It will also take steps to improve its service. Essex County Council (24 001 566) Statement Upheld Looked after children 14-Jan-2025 Summary: Mrs X complained the Council failed to safeguard her child and failed to carry out correct assessments. Mrs X said this caused her child permanent physical scars, and caused her unnecessary and avoidable distress and frustration. We find the Council at fault, and this caused injustice. The Council has agreed to apologise and make a payment to reflect the injustice caused. Devon County Council (24 008 672) Statement Closed after initial enquiries Child protection 14-Jan-2025 Summary: We cannot investigate Mr Xâs complaint about the accuracy of Council records. This is because the matter has either been considered in court or could reasonably be raised in court. Lancashire County Council (24 012 902) Statement Closed after initial enquiries Looked after children 14-Jan-2025 Summary: We will not investigate this complaint about how the Council dealt with matters concerning the care of Miss Xâs child. This is because the issues raised have either been considered in court or could have reasonably been mentioned as part of those proceedings. Norfolk County Council (24 016 305) Statement Closed after initial enquiries Other 14-Jan-2025 Summary: We will not investigate this complaint about the Councilâs assessment of Miss Xâs childrenâs case. The law prevents us investigating matters that have been considered in court. St Helens Metropolitan Borough Council (24 014 473) Statement Closed after initial enquiries Child protection 14-Jan-2025 Summary: We cannot investigate Mr Xâs complaint about his child being removed from his care because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been subject to court proceedings. We have no discretion to do so. Northumberland County Council (24 000 202) Statement Upheld Looked after children 13-Jan-2025 Summary: Mr X complained about the Councilâs decision to ban him from attending any meetings regarding his stepdaughter who is a looked after child. He said the Council is preventing him from having any input into matters. Mr X said this prevents him from providing support to his wife and stepdaughter. We find the Council was at fault for failing to give proper warning and for failing to consider reviewing its decision. This caused significant distress to Mr X. The Council has agreed to several recommendations to address this injustice caused by fault. London Borough of Hounslow (24 007 833) Statement Not upheld Disabled children 13-Jan-2025 Summary: Miss X complained about how the Council refused her application for a Blue Badge for her son. We ended our investigation into the complaint. Further investigation by the Ombudsman would not likely achieve a worthwhile outcome. London Borough of Hounslow (24 012 086) Statement Closed after initial enquiries Disabled children 13-Jan-2025 Summary: We will not investigate this complaint about the Councilâs decision not to issue a Blue Badge for the complainantâs son. This is because there is not enough evidence of fault by the Council. London Borough of Wandsworth (24 012 837) Statement Closed after initial enquiries Child protection 13-Jan-2025 Summary: We cannot investigate this complaint about the way the Council handled a child protection matter involving Mr X, or make recommendations, even though the Council has accepted fault in some matters. This is because the matters alleged are closely connected to matters that were subject to court action, and we are legally prevented from investigating them. Torbay Council (24 012 890) Statement Closed after initial enquiries Fostering 13-Jan-2025 Summary: We will not investigate Mr Xâs complaint the Council made false allegations about his behaviour. Further investigation would not lead to a different outcome. Tameside Metropolitan Borough Council (24 012 603) Statement Closed after initial enquiries Child protection 13-Jan-2025 Summary: We will not investigate Mr Xâs complaint about comments made by a Council officer during a Review Child Protection Conference. This is because the Council apologised for any distress caused, and an investigation by the Ombudsman is unlikely to achieve any additional outcome. Knowsley Metropolitan Borough Council (24 012 331) Statement Closed after initial enquiries Looked after children 13-Jan-2025 Summary: We will not investigate this complaint about the Council allowing the removal of a diagnosis for Ms Xâs child when the child was not in Ms Xâs care. The matter happened in 2020, and Ms X could have complained to us much sooner, so there is no good reason to exercise discretion to consider this matter now. Sefton Metropolitan Borough Council (24 013 807) Statement Closed after initial enquiries Child protection 13-Jan-2025 Summary: We will not investigate this complaint about an assessment carried out by the Councilâs childrenâs services. This is because investigation would not lead to a different outcome. East Riding of Yorkshire Council (24 014 120) Statement Closed after initial enquiries Child protection 13-Jan-2025 Summary: We will not investigate Miss X complaint about the actions of the Councilâs childrenâs services. This is because complaints about data protection are better considered by the Information Commissioner and the Councilâs assessments have either been considered in court or could have reasonable been raised during court proceedings. London Borough of Wandsworth (24 003 294) Statement Not upheld Looked after children 10-Jan-2025 Summary: Miss X complained about the Councilâs decision not to uphold her complaints about the failure to provide her with support as a young care leaver. We did not find the Council to be at fault because it carried out a thorough, evidence-based investigation under the statutory childrenâs complaints procedure. The Ombudsman cannot add anything to what has already been decided during this process. Warrington Council (24 012 741) Statement Closed after initial enquiries Child protection 10-Jan-2025 Summary: We will not investigate this complaint that the Council has failed to act on the complainantâs concerns about the welfare of his children and his contact with them. This is because there is insufficient evidence of fault on the Councilâs part causing injustice to warrant investigation, and parts of the complaint concern matters which could have been raised in court, or are closely related to such matters. Wiltshire Council (24 007 077) Statement Upheld Other 09-Jan-2025 Summary: Mr and Mrs X complained the Council delayed assessing their child, Y, completed an inadequate assessment and then wrongly accused them of abandonment. They say the Council has failed to take appropriate action to put things right. The Council accepts it was at fault. It should apologise to Y and place a copy of the apology on its records. It should also make a payment to Mr and Mrs X to recognise the distress caused. London Borough of Southwark (24 012 573) Statement Closed after initial enquiries Child protection 09-Jan-2025 Summary: We will not investigate this complaint about Child Protection action in relation to the complainantâs children. Part of the complaint is late, and the Ombudsmanâs intervention would not add to the investigation the Council has carried out or lead to a different outcome. Herefordshire Council (24 012 578) Statement Closed after initial enquiries Child protection 09-Jan-2025 Summary: We will not investigate this complaint about the Council allegedly not contacting Mr X before a social worker arrived at his home. Dorset Council (24 014 319) Statement Closed after initial enquiries Other 09-Jan-2025 Summary: We cannot investigate Miss Xâs complaint about the Councilâs actions in its children's services involvement with her family several years ago because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court proceedings. We have no discretion to do so. Derbyshire County Council (24 013 491) Statement Closed after initial enquiries Child protection 09-Jan-2025 Summary: We will not investigate this complaint about child protection matters. This is because most of the issues raised have either been considered in court or could be raised in court. In regard to other issues raised, we could either not add to the investigation carried out by the Council, or achieve a different outcome. Sandwell Metropolitan Borough Council (24 015 170) Statement Closed after initial enquiries Other 09-Jan-2025 Summary: We will not investigate this complaint that the Council provided incorrect information to the Disclosure Barring Service. This is because there is an appeals process for Disclosure Barring Service decisions. Surrey County Council (23 012 642) Statement Upheld Special educational needs 14-Jan-2025 Summary: Miss X complains about the handling of her child, Child Yâs education since July 2021. Part of Miss Xâs complaint is late and we cannot investigate concerns about a lack of special educational provision, or alternative educational provision when appeal rights are available. The Council took longer than it should to notify Miss X of its decision to maintain Child Yâs Education, Health and Care (EHC) plan. The Council has agreed to apologise and make a remedy payment to Miss X for the injustice caused by this delay. Slough Borough Council (23 016 571) Statement Upheld Special educational needs 14-Jan-2025 Summary: There was fault by the Council in failing to secure all the special educational provision on Yâs Education, Health and Care Plan between September 2023 and July 2024 causing a loss of educational provision. Complaint handling was not in line with the Councilâs procedures, causing avoidable distress and time and trouble. The Council will apologise, make payments for Y and Ms X and will remind officers about their discretion to accept late requests from a complainant to escalate to the final stage of the complaintsâ procedure. Medway Council (24 003 464) Statement Upheld Special educational needs 14-Jan-2025 Summary: The Council failed to meet statutory timescales for carrying out an education, health and care needs assessment for Mr Xâs son. In recognition of the injustice caused, the Council has agreed to apologise to Mr X and make a payment to him. Redruth School (24 004 701) Statement Upheld School admissions 14-Jan-2025 Summary: Mr X complained the admission authority gave him misleading information about a letter to support his child Yâs application and about how it made its decision not to offer them a place at the School. Mr X further complained the appeal panel did not properly consider the additional evidence he provided when it decided not to uphold his appeal. There was fault in the admissions appeal panel which caused Mr X and Y uncertainty about whether their appeal was properly heard. The admission authority will apologise to Mr X and hold a new appeal hearing and provide training for its clerk and panel members. Lancashire County Council (24 004 832) Statement Upheld School admissions 14-Jan-2025 Summary: Miss B says the appeal panel failed to properly consider her school admissions appeal. There was fault in how the appeal panel approached stage one but that did not affect the outcome of the appeal. A reminder to appeal panel members and clerks is therefore satisfactory remedy. Devon County Council (24 010 063) Statement Upheld Special educational needs 14-Jan-2025 Summary: Miss X complained the Council failed to meet statutory timescales for carrying out an Education, Health and Care (EHC) assessment for her son, Y. We find the Council was at fault in failing to meet the timescales. The Council has agreed to apologise and make a symbolic payment to remedy the injustice caused. Leicester City Council (24 011 466) Statement Closed after initial enquiries Special educational needs 14-Jan-2025 Summary: We will not investigate Ms Xâs complaint about delay by the Council in issuing an Education, Health and Care Plan for her child following a review. This is because an investigation by us would not likely lead to a different outcome. Essex County Council (24 012 075) Statement Upheld Special educational needs 14-Jan-2025 Summary: We will not investigate this complaint about the Education, Health and Care plan process. This is because the Council has agreed to an appropriate remedy for the injustice caused by the delay. Leicestershire County Council (24 012 869) Statement Closed after initial enquiries School transport 14-Jan-2025 Summary: We will not investigate this complaint about the Councilâs decision not to provide post 16 transport to college. This is because there is not enough evidence of fault to warrant an investigation. Oxfordshire County Council (24 013 107) Statement Closed after initial enquiries School transport 14-Jan-2025 Summary: We will not investigate this complaint that the Council has failed to make appropriate school transport arrangements for the complainantâs daughter. This is because it would be reasonable for her to use the Councilâs school transport appeal process to address the matter. Darlington Borough Council (24 013 534) Statement Closed after initial enquiries Special educational needs 14-Jan-2025 Summary: We will not investigate Ms Xâs complaint about the Councilâs failings to provide a suitable education for her child Y who has special educational needs. This is because further investigation would not lead to a different outcome. Buckinghamshire Council (24 016 371) Statement Upheld Special educational needs 14-Jan-2025 Summary: We will not investigate Mrs Xâs complaint about the Councilâs delay in arranging Speech and Language provision for her child. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused. Essex County Council (24 017 233) Statement Upheld Special educational needs 14-Jan-2025 Summary: We will not investigate this complaint about the Education, Health and Care plan process. This is because the Council has agreed to an appropriate remedy for the injustice caused by the delay. London Borough of Camden (24 000 438) Statement Upheld Special educational needs 13-Jan-2025 Summary: Ms X complained the Council failed to provide her son with any education and provision between September 2022 and February 2023. She also says it delayed dealing with her complaint about the matter. We find the Council was at fault for failing to provide Ms Xâs son with any education and provision. It was also at fault for its significant delays in responding to Ms Xâs complaint about the matter. The Council has agreed to our recommendations to address the injustice caused by fault. Northumberland County Council (24 000 820) Statement Upheld Special educational needs 13-Jan-2025 Summary: Miss B complained the Council failed to comply with a tribunal order which means her child has not received the necessary special educational provision. We find the Council at fault for delays in issuing the amended Education, Health and Care Plan and providing special educational provision. To remedy the injustice caused, the Council has agreed to apologise to Miss B and provide the special educational provision detailed in the Plan. Dudley Metropolitan Borough Council (24 004 505) Statement Upheld Special educational needs 13-Jan-2025 Summary: Miss X complained the Council failed to comply with the Special Educational Needs and Disability Tribunal decision which ordered the Council to name a specific school in her sonâs Education, Health and Care Plan. We found the Councilâs failure to issue a new EHC Plan as ordered by the SEND Tribunal is fault. This fault has caused Miss X and Y an injustice. Dorset Council (24 005 327) Statement Upheld School transport 13-Jan-2025 Summary: The complainant (Mrs X) said the Council had failed to provide transport for her son (Y) to the only school named in his Education Health and Care Plan. We found fault in the Councilâs refusal to consider Mrs Xâs request for transport assistance. This fault caused her injustice. The Council has agreed to apologise, to make a mileage allowance payment for Mrs X for the days Y attended the school and to make a symbolic payment to recognise Mrs Xâs distress. The Council has also agreed to carry out some staff training and to review its school transport policy. Durham County Council (24 007 979) Statement Upheld Special educational needs 13-Jan-2025 Summary: Mrs X complained about the Councilâs actions when carrying out an Education, Health and Care needs assessment for her child. Mrs X said this meant her child had to wait longer than they should for an Education, Health and Care Plan. We found the Council at fault for the time taken to carry out the Education, Health and Care needs assessment. To remedy the injustice caused the Council agreed to apologise, make a payment to Mrs X for the distress caused and carry out service improvements. Hertfordshire County Council (24 008 731) Statement Upheld Special educational needs 13-Jan-2025 Summary: The Council was at fault for a delay in deciding the support Mrs Xâs daughter should receive for her special educational needs. It will make a symbolic payment to Mrs X to recognise her injustice. However, we cannot investigate Mrs Xâs complaint about the quality of the Councilâs assessment of her daughterâs needs, because this will be a matter for the SEND Tribunal. South Gloucestershire Council (24 012 133) Statement Closed after initial enquiries School transport 13-Jan-2025 Summary: We will not investigate Ms Xâs complaint about the provision of free to home to school transport. There is insufficient evidence of fault by the Council to justify our involvement. Derbyshire County Council (24 012 945) Statement Upheld School transport 13-Jan-2025 Summary: We will not investigate Mrs Xâs complaint about the Councilâs decision to withdraw her sonâs home to school transport. This is because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused. Suffolk County Council (24 001 931) Statement Upheld Special educational needs 12-Jan-2025 Summary: There was delay and fault by the Council in failing to secure special educational provision in an EHC Plan and failing to respond to requests for additional funding from a school within an acceptable timeframe. This has caused loss of education, distress, frustration and delay. The Council will apologise, make a symbolic payment, resolve the outstanding funding request, and make service improvements. The complaint is upheld. Hampshire County Council (24 012 607) Statement Closed after initial enquiries Special educational needs 12-Jan-2025 Summary: We will not investigate this complaint about exam arrangements for the complainantâs daughter. This is because we cannot consider complaints about the internal management of schools. Consideration of the Councilâs actions would be unlikely to lead to a finding of fault. Hampshire County Council (24 012 778) Statement Closed after initial enquiries Special educational needs 11-Jan-2025 Summary: We will not investigate this complaint that the Council has failed to make alternative educational provision for the complainantâs daughter while she has been unable to attend school, and has failed to secure the delivery of the provision set out in her Education Health and Care Plan. This is because there is insufficient evidence of fault on the Councilâs part, and it would have been reasonable for the complainant to have used his right to appeal to the First-tier Tribunal (Special Educational Needs and Disability). Leeds City Council (23 020 333) Statement Upheld Special educational needs 10-Jan-2025 Summary: Ms X complained about delay in the Councilâs Education Health and Care Needs assessment for her son, S. The delay is because of a shortage of Educational Psychologists. The Council is at fault for delay issuing an Educational Psychologists report and Education, Health and Care Plan. Cornwall Council (23 021 362) Statement Upheld Special educational needs 10-Jan-2025 Summary: Mrs X complained the Council failed to provide the provision in her daughter, Miss Yâs, Education, Health and Care (EHC) Plan since May 2023 and delayed completing an annual review of the EHC Plan in June 2024. Mrs X also complained the Council delayed in responding to her complaint about the matter. The Council was at fault. The Council will apologise and make payments to Mrs X for the frustration she was caused and Miss Y for the provision she missed. East Sussex County Council (24 001 308) Statement Upheld Special educational needs 10-Jan-2025 Summary: Mr X complained the Council failed to act in his childâs best interests when choosing a suitable secondary school, arranging alternative education, and arranging school transport. There was no fault in the Councilâs decision-making on these issues. We did not investigate the Councilâs earlier decision to name a mainstream school in Mr Xâs childâs Education, Health and Care Plan, as this came with appeal rights. The Council was at fault for refusing to reimburse fees Mr X paid to an independent school to secure his childâs place. The Council agreed to reimburse the fees. West Sussex County Council (24 003 190) Statement Upheld Special educational needs 10-Jan-2025 Summary: Mrs X complained the Council delayed issuing an Education, Health and Care Plan for her child. She also complained and about a lack of support and poor communication during the assessment process. The Council was at fault for delay issuing the final Education, Health and Care Plan. It was also at fault for delay responding to Mrs Xâs stage two complaint. It agreed to provide a remedy for the avoidable frustration and uncertainty Mrs X suffered. The Council was not at fault in its consideration of alternative provision for Y. Staffordshire County Council (24 003 255) Statement Upheld Special educational needs 10-Jan-2025 Summary: We upheld a complaint about delay issuing Yâs final Education, Health and Care Plan. The Council will apologise and make a payment of £700 to reflect the avoidable frustration, distress and delay in appeal rights. London Borough of Enfield (24 003 954) Statement Upheld Special educational needs 10-Jan-2025 Summary: Mr X complained the Council failed to provide his son, Y with a suitable education or the provision set out in his Education, Health and Care (EHC) Plan after he stopped attending school in July 2023. The Council was at fault. It failed to provide Y with any education or the specialist provision in Yâs EHC Plan between September 2023 and June 2024. The Council agreed to apologise and make payments to acknowledge the impact this had on Yâs education. Suffolk County Council (24 006 815) Statement Upheld Special educational needs 10-Jan-2025 Summary: Ms X complained about the Councils actions in relation to her child, Yâs, Education, Health and Care Plan (EHC Plan). The Council was at fault. It failed to issue a final amended EHC Plan following a previous annual review meeting. It then delayed the latest annual review meeting and delayed issuing a final amended EHC Plan. The Council also communicated poorly with Ms X. The Council has agreed to apologise to Ms X and pay her £300 to acknowledge the distress and frustration this caused her. Surrey County Council (24 008 310) Statement Closed after initial enquiries Other 10-Jan-2025 Summary: We will not investigate Mr Xâs complaint about the Councilâs handling of child protection matters involving his child. This is because some of Mr Xâs complaints are late, we cannot add anything to the investigation the Council has already carried out and cannot achieve the outcomes Mr X wants. Somerset Council (24 009 466) Statement Upheld Special educational needs 10-Jan-2025 Summary: Miss X complains the Council failed to issue an Education Health and Care Plan within the statutory time frame. She says this impacted her childâs education and mental health. We find the Council at fault. The Council will apologise and make a payment to Miss X. North Northamptonshire Council (24 011 783) Statement Closed after initial enquiries Special educational needs 10-Jan-2025 Summary: We will not investigate Mr Xâs complaint about the Councilâs refusal of a personal budget for his child. Nor will we investigate his complaint about the Councilâs recovery of council tax arrears. The complaints are late and there are no good reasons why they could not have been made sooner. Hampshire County Council (24 014 629) Statement Closed after initial enquiries Other 10-Jan-2025 Summary: We will not investigate Mr Xâs complaint that the Council took court action against him due to his childâs non-attendance at school. This is because we cannot investigate a complaint about the start of court action and we will not investigate matters that have been raised in court. Derbyshire County Council (23 014 176) Statement Upheld Special educational needs 09-Jan-2025 Summary: Ms X complained about the Councils delay in the Education, Health and Care Needs Assessment Process for her son, S. She also complained about poor communication. This has caused her distress, uncertainty, and frustration, and S has not received support. The Council is at fault for delay issuing the Education, Health and Care Plan and poor communication. London Borough of Southwark (23 020 507) Statement Closed after initial enquiries Special educational needs 09-Jan-2025 Summary: We will not investigate Miss Xâs complaint about the Councilâs review of her sonâs Education, Health and Care Plan because it is reasonable she uses her right of appeal to a tribunal. Somerset Council (24 003 171) Statement Upheld Special educational needs 09-Jan-2025 Summary: the Council took 78 weeks too long to amend Mrs Mâs son Bâs Education, Health and Care (EHC) Plan. As a result, B did not have the support he needed when he started school and he was only able to attend part-time. We have recommended a remedy for the injustice this caused. Hertfordshire County Council (24 006 047) Statement Upheld Special educational needs 09-Jan-2025 Summary: Mrs X complained about how the Council assessed her son, Yâs, special educational needs. There was fault in how the Council took too long to issue an Education Health and Care plan for Y and how it communicated with Mrs X. The Council agreed to apologise and pay Mrs X a financial remedy. Milton Keynes Council (24 007 708) Statement Upheld Special educational needs 09-Jan-2025 Summary: Mrs X complained the Council delayed completing an assessment for an Education, Health and Care (EHC) Plan for her child, Y. The Council was at fault. It did not complete an assessment or decide whether to issue an EHC Plan in line with statutory timescales. This caused Mrs X frustration and uncertainty. The Council has already apologised to Mrs X which was appropriate. The Council has agreed to make a symbolic payment to Mrs X to recognise the injustice caused. It will also provide us with an action plan in response to managing delays with EHC needs assessments. Lancashire County Council (24 009 097) Statement Upheld Special educational needs 09-Jan-2025 Summary: We upheld Mrs Xâs complaint about delays in the Education, Health and Care process regarding her child, Y. The Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused. Birmingham City Council (24 010 115) Statement Closed after initial enquiries Special educational needs 09-Jan-2025 Summary: We cannot investigate this complaint about the Councilâs decisions relating an Education, Health, and Care Plan for Ms Xâs child. This is because Ms X has already appealed to the SEND Tribunal about the Councilâs decisions here, and the law does not allow us to investigate. Additionally, we will not investigate Ms Xâs complaint about a personal budget or how the Council secured occupational therapy for her child. It is unlikely we would find fault in the Councilâs actions. Essex County Council (24 010 954) Statement Closed after initial enquiries Special educational needs 09-Jan-2025 Summary: We cannot investigate Miss Xâs complaint about how much funding the Council provided to her childâs school. This is because the complaint relates to the internal management of the school, and the law says we cannot investigate. Derbyshire County Council (24 013 097) Statement Closed after initial enquiries Alternative provision 09-Jan-2025 Summary: We will not investigate Miss Xâs complaint about the Councilâs handling of her childrenâs special education needs and that it had lost important documents. This is because the complaint is late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is another body better placed to consider the other complaint matters. Telford & Wrekin Council (24 012 442) Statement Closed after initial enquiries Special educational needs 09-Jan-2025 Summary: We will not investigate Mrs Xâs complaint about the Councilâs decision to register her child, Y, as a âChild Missing Educationâ or about the Councilâs poor communication. This is because there is insufficient evidence of fault for part of the complaint, and the Council has already apologised for its poor communication and made service improvements. An investigation by the Ombudsman is unlikely to achieve any additional outcome. Hertfordshire County Council (24 012 475) Statement Closed after initial enquiries Special educational needs 09-Jan-2025 Summary: We will not investigate Mr Xâs complaint about two Council decisions to refuse his child an Education, Health and Care needs assessment, and its conduct during the tribunal appeals process. Mr X either had a right of appeal or used his right of appeal against the decision. We cannot consider any matter connected to a decision that has been appealed to a tribunal. North Northamptonshire Council (24 012 342) Statement Closed after initial enquiries Special educational needs 09-Jan-2025 Summary: We will not investigate Mrs X complaint about how the Council dealt with a review of her childâs Education Health and Care (EHC) Plan. This is because there is insufficient evidence of fault and because further investigation would not lead to a different outcome. |