Summary: We will not investigate Mrs X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider her complaint because she does not have parental responsibility for the children involved.

The complaint

1. The complainant, Mrs X, complains about matters relating to the Council’s child protection involvement with a family member’s children.

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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 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))

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How I considered this complaint

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

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My assessment

6. Mrs X complained to the Council about matters relating to its child protection involvement with a family member’s children.
7. The Council told Mrs X it would not consider her complaint via its complaints procedure. This is because Mrs X does not have legal authority to complain on behalf of the children.
8. We will not investigate Mrs X’s complaint. This is because there is no sign of fault in the Council’s decision not to accept her complaint because she does not have parental responsibility for the children involved. The Council’s decision has been made in line with the relevant statutory guidance to local authorities on the handling of childrens services complaints. The same restriction would apply to this office considering the substantive matter. We would only be able to consider it with the consent of a person with parental responsibility.
9. It is open to a person with parental responsibility for the children to submit a complaint to the Council about these matters. They could then provide the Council with the required consent for a third party to act as their representative if desired.

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Final decision

10. We will not investigate because there is no sign of fault in the Council’s decision not to accept Mrs X’s complaint.

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Investigator's decision on behalf of the Ombudsman