London Borough of Lewisham (21 005 534)

Category : Children's care services > Child protection

Decision : Closed after initial enquiries

Decision date : 23 Sep 2021

The Ombudsman's final decision:

Summary: We will not investigate Ms X’s complaint about children services’ actions. She does not have the consent of those most directly affected by the faults she alleges.

The complaint

  1. The complainant, whom I shall call Ms X, complains about the Council’s children services teams actions in relation to her two children, A and B.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. I considered information provided by the Ms X.
  2. I considered the Ombudsman’s Assessment Code.
  3. Ms X had an opportunity to comment on a draft version of this decision.

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My assessment

  1. Ms X is the mother to A and B. A is now 19 and B 15. The Courts ordered in July 2016 that the Council should care for them.
  2. Ms X’s complaint is about the way the Council is caring, and has cared, for A and B, and how it has interacted with her.
  3. In July 2020, the Council told Ms X that A and B did not consent to her complaining on their behalf. We will not investigate Ms X’s complaint because she does not have their consent and there is no evidence it is appropriate for her to complain about issues directly affecting A and B without their consent.

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Final decision

  1. We will not investigate Ms X’s complaint. This is because she does not have the consent of those most directly affected by the Council fault she alleges.

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Investigator's decision on behalf of the Ombudsman

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