Summary: We will not investigate Miss X’s complaint about the Council failing to investigate safeguarding concerns she raised in relation to her adult children. This is because we do not consider Miss X as an appropriate representative and we cannot achieve the outcome she wants.

The complaint

1. Miss X complained the Council failed to investigate safeguarding concerns she raised on behalf of her adult children. The matter caused Miss X distress. As part of an outcome, she wants the Council to remove her adult children from their father’s care. She also wants the Council to provide her with an apology and a financial remedy.

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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 we cannot achieve the outcome someone wants. (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 Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We do not consider Miss X to be an appropriate representative to complain about matters concerning her adult children. This is consistent with the Council’s position that it could not consider the safeguarding concerns she raised on their behalf.
7. In addition, we could not achieve the outcome Miss X is seeking, specifically for the Council to remove her adult children from their father’s care. They are adults and there is no information to suggest that they lack capacity to make their own decisions about their care and living arrangements. In these circumstances, the Council cannot simply remove them from their father’s care.

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Final decision

8. We will not investigate Miss X’s complaint because we do not consider her as an appropriate representative and we cannot achieve the outcome she wants.

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Investigator's decision on behalf of the Ombudsman