Summary: We will not investigate this complaint about a member of staff bringing their children into work at a day centre providing care for adults. We cannot achieve the outcome Mr X seeks.

The complaint

1. Mr X complained the Care Provider placed service users and his children at risk by allowing his ex-partner to being their children into work at a day centre. Mr X says the matter has caused him distress. He wanted the Care Provider to dismiss the involved staff members.

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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 cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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)
4. We may investigate a complaint on behalf of someone who cannot authorise someone to act for them. The complaint may be made by:

• their personal representative (if they have one), or
• someone we consider to be suitable.

(Local Government Act 1974, section 26A(2), as amended)

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How I considered this complaint

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

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My assessment

7. Mr X’s complaint is about his ex-partner bringing their children into the workplace, which is a day centre providing care for adults. He complained to the Care Provider and then to us. He asked that we recommend the responsible staff be dismissed.
8. The Ombudsman’s Guidance on Remedies explains that we cannot ask organisations to discipline or sack staff members. We cannot achieve the outcome Mr X seeks.
9. We could not achieve another meaningful outcome at this time. The Ombudsman is not the appropriate body to investigate child protection concerns, and Mr X does not indicate having raised the matter with the responsible local authority. It is open to Mr X to raise his concerns with the relevant local authority for the area in which his children live, whose role it is to investigate child protection concerns. It is open to Mr X to complain to us about the local authority’s subsequent response, should he be dissatisfied.
10. We could not achieve anything on behalf of the adults who attend the day centre, for whom Mr X also raised concerns. Mr X is not a suitable representative for those adults. However, it is similarly open to him to raise adult safeguarding concerns with the local authority for the area in which the day centre is located.

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Final decision

11. We will not investigate Mr X’s complaint because we cannot achieve the outcome he seeks.

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Investigator's decision on behalf of the Ombudsman