Summary: We will not investigate this complaint about the Council’s involvement with Ms X’s partner Mr Y. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Ms X complained on behalf of her late partner Mr Y about the Council’s assessment of Mr Y when allegations against him were made.

Back to top

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 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:

• there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Ms X complained to the Council about an assessment carried out into her late partner Mr Y when allegations were made against him. Ms X said the social worker assigned to the case was biased against Mr Y and the Council failed to communicate with Mr Y about what was happening. She also said the Council failed to inform Mr Y his child S would be removed from his care and did not properly check whether S’ new home was safe. Ms X said the Council’s actions had caused her and especially Mr Y significant distress.
6. The Council did not uphold Ms X’s complaint. The Council spoke with the social worker involved and checked its records; it did not find evidence of bias on the social worker’s part. The Council explained its records showed it had spoken to Ms X and Mr Y several times during the brief period it was involved with Mr Y’s assessment. The Council said it could not discuss S with Ms X as she did not hold parental responsibility, but it did not inform Mr Y that S’s mother had decided S would live with her so as not to interfere with an ongoing police investigation. Ms X referred the complaint to the Ombudsman as she was unhappy with the Council’s response.
7. The evidence seen so far indicates the Council acted in the best interests of the child involved and in line with what we would expect. There is no evidence of bias or fault in the actions it took whilst it was looking into the issues raised. The Council has provided Ms X with clear and rational reasons behind its actions. An investigation would therefore be unlikely to find fault with the Council’s response to this issue.

Back to top

Final decision

8. We will not investigate Ms X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

Back to top

Investigator's decision on behalf of the Ombudsman