Thurrock Council (23 004 438)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 02 Aug 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s refusal to accept a complaint because there is no evidence of fault on the Council’s part.
The complaint
- The complainant, who I will refer to as Ms X, complains that the Council has refused to accept her complaint about its actions towards the family of a third party.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says she attended a meeting between the Council and a third party which discussed the Council’s actions towards the third party’s family. Ms X says the Council’s intervention has had a negative impact on the welfare of the third party and her children. She complained to the Council about its actions.
- The Council has declined to accept Ms X’s complaint without the consent of the third party. Ms X believes this decision amounts to fault, and that her attendance at the meeting gives her the right to a response to her complaint.
- The Ombudsman will not investigate Ms X’s complaint because there is no evidence of fault on the Council’s part. It is reasonable for the Council to require the third party’s consent to consider a complaint about its actions towards her and her family. We will not criticise it for doing so.
Final decision
- We will not investigate Ms X’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman