Summary: We will not investigate Mr X’s complaint. This is because there is no sign of fault in the Council’s decision not to accept his complaint because he does not have parental responsibility for the children concerned.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council’s decision not to consider his complaint in which he raised concerns about his grandchildren’s welfare.

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 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 do not start 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X complained to the Council about concerns he raised around his grandchildren’s welfare.
7. The Council told Mr X it could not consider his concerns via its complaints procedure because he does not have parental responsibility for the children involved. It explained this decision was made in line with the relevant statutory guidance on childrens services complaints. It confirmed it had investigated his concerns about the children and it found the children did not require support from Childrens Services.
8. We will not investigate Mr X’s complaint. This is because there is no sign of fault by the Council in its decision not to accept his complaint because he does not have parental responsibility for the children. It has clearly explained the reason for its decision. The same restriction would also apply to this office considering the substantive complaint. The Council’s decision is made in line with the statutory guidance for local authority children’s services on complaints procedures.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because there is no sign of fault by the Council in its decision not to accept his complaint because he does not have parental responsibility for the children involved.

Back to top

Investigator's decision on behalf of the Ombudsman