Summary: We will not investigate Miss X’s complaint about the Council’s action taken following her reports to it about the care of two children. She does not have parental responsibility for the children.

The complaint

1. The complainant, whom I shall call Miss X, says the Council has failed to properly act on her safeguarding referrals.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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)

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How I considered this complaint

4. I considered information provided by Miss X which included the Council’s response to her.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X is the paternal aunt of two children, B and D. Miss X believes that B and D’s are at risk of harm from their mother. She has reported her concerns, with the evidence she says she has, to the Council’s children services team. Miss X says that the Council has not taken her reports seriously enough and has failed to take enough action.
7. The Council in reply to her complaint has said it has considered her views, looked at her evidence and has regular visits to the family home. It says B and D’s mother has not given consent for Miss X to be given details of B and D’s lives.
8. Miss X thinks the social worker involved actions amount to misconduct. She feels the children’s safety is at risk.

Analysis

9. We do not usually consider complaints about children from people who do not have parental responsibility. Here I see no exceptional reasons why that should not apply. The Council has considered the information Miss X has supplied it and the family is being monitored.
10. Our role is to investigate the actions of the Council as a corporate body, not to hold a single officer accountable. If Miss X has concerns about the professionalism or integrity of an individual social worker, it is reasonable to expect her to report her concerns to their professional body, Social Work England.

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Final decision

11. We will not investigate Miss X’s complaint because she does not have parental responsibility for the children her complaint is about.

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Investigator's decision on behalf of the Ombudsman