West Sussex County Council (23 017 291)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 09 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s response to the complainant’s concerns about the welfare of her grandchildren. This is because investigation would not achieve the outcome she is seeking.
The complaint
- The complainant, who I will refer to as Mrs X, complains that the Council has failed to act on her concerns about her grandchildren’s welfare.
The Ombudsman’s role and powers
- 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 cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X is the grandmother of children who live with their mother. Mrs X says the children are subject to neglect by their mother and are at risk from a violent man. She says she has brought her concerns to the Council’s attention, but it has failed to take appropriate action.
- The Council’s response to Mrs X’s complaint says it has seriously considered the children’s welfare and the matters brought to its attention. It also indicates that there has been police involvement. Mrs X is not satisfied with the Council’s response. She says she wants action taken against the children’s mother and for the man she names to be removed from the children’s lives. She also wants to be told what support has been put in place.
- The Ombudsman will not investigate Mrs X’s complaint because we cannot achieve what she wants. It is for the professional judgement of the Council’s officers to decide whether the threshold for child protection action is met and, if so, what action is appropriate. Investigation by the Ombudsman would not result in action being taken against either of the parties Mrs X mentions. Neither can we ask the Council to breach their confidentiality by sharing details of its action with Mrs X. Our intervention is not therefore warranted.
Final decision
- We will not investigate Mrs X’s complaint because investigation would not achieve what she wants.
Investigator's decision on behalf of the Ombudsman