Summary: We will not investigate this complaint about the Council’s alleged failure to appropriately safeguard Mr X’s child Y. This is because an investigation would be unlikely to lead to a different outcome for Mr X.

The complaint

1. Mr X complained the Council did not do enough to discourage a relationship between his child Y and a child who was under the Council’s care. He said the relationship caused him stress and anxiety and negatively impacted Y’s wellbeing.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council after his child Y became involved with another chid who resided at a Council run care home. He said the child was exposing Y to dangerous activities and grooming and the Council did not do enough to prevent this.
6. The Council investigated Mr X’s complaint in line with the children’s statutory complaints process. Neither the stage 2 independent report or stage 3 panel upheld Mr X’s complaint regarding Y’s alleged grooming as it found the care home and police had acted in line with appropriate safeguarding processes, but it acknowledged there were instances where the Council could have managed the situation better and found fault here. The stage 3 panel recommended that the Council issue Mr X with an apology and put 13 training points into practice.
7. Mr X remains unhappy with the situation and wants us to find the Council at fault for failing to appropriately safeguard Y. The Ombudsman does not reinvestigate complaints if the Council has conducted a thorough investigation and put forward suitable remedies. The evidence shows the Council has carried out a full and well reasoned investigation and there is no evidence the Council’s investigation was flawed. The Council has put forward proportionate remedies in line with the Ombudsman’s approach and so an investigation would not amount to different outcome for Mr X.

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Final decision

8. We will not investigate Mr X’s complaint because we would be unlikely to provide a different outcome for him.

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Investigator's decision on behalf of the Ombudsman