Summary: We will not investigate this complaint about how the Council dealt with safeguarding concerns about a child. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mrs X complains about how the Council dealt with safeguarding concerns raised about her child whilst attending school. Mrs X feels the Council should have progressed the case under either Section 17 or Section 47 of the Children Act 1989. Mrs X also complains about how the Council dealt with her complaints about these matters. Mrs X wants the Council to learn lessons, to provide support to the school and to offer her and her family support services.

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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 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))
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council received safeguarding concerns from Mrs X and via Ofsted. It considered the relevant facts of the case before reaching the conclusion that the threshold for further child protection involvement had not been met. It did however refer the matter to Early Help.
9. Early Help considered the facts of the case and concluded that the threshold for early help had not been met. It said that this was because the school was dealing with the matter and because Mrs X did not feel it appropriate for Early Help to have direct contact with her child.
10. I will not investigate how the Council has dealt with these matters. This is because there is insufficient evidence of fault by the Council. The Council’s children’s services and Early Help considered relevant information before reaching its decisions to take no further action. We cannot question the merits of the Council’s decision in the absence of fault.
11. In her complaint to the Council Mrs X raised concerns about how the Council dealt with related matters concerning other children. We cannot accept a complaint from Mrs X about these matters because she does not have consent to act on behalf of the other children.
12. I cannot investigate any complaint about the actions of Mrs X’s child’s school. We have no jurisdiction to investigate the actions of schools in relation to matters such as these.
13. It is not a good use of public resources to investigate complaint handling when we have decided not to investigate the issues raised in a complaint. For this reason, I will not investigate how the Council dealt with Mrs X’s complaint.

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Final decision

14. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman