Summary: We will not investigate this complaint that the Council has unreasonably declined to provide the complainant with details of how his reports of child protection concerns have been considered. This is because there is no evidence of fault on the Council’s part.

The complaint

1. The complainant, Mr X, complains that the Council has unreasonably declined provide him with details of how his reports of child protection concerns have been considered.

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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))

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How I considered this complaint

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

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My assessment

5. Mr X brought child protection concerns about foster carers to the Council’s attention. He says he believes the Council subsequently removed children from their care and deregistered them as foster carers. He asked to be given details of how his reports have been considered but the Council declined on the grounds of the third parties’ confidentiality.
6. Mr X says he believes children have since been placed with the third parties. The evidence shows that he contacted the Council again and it has reiterated that he is not entitled to the information he has asked for.
7. The Ombudsman will not investigate Mr X’s complaint because there is no evidence of fault on the Council’s part. On the face of it, Mr X is asking for information to which he is not entitled, and it is not for the Ombudsman to obtain it for him. We will not investigate a complaint without evidence of fault.
8. If Mr X believes the Council is withholding information he has a right to receive, he may wish to bring the matter to the attention of the Information Commissioner’s Office, which is better placed than the Ombudsman to consider it.

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Final decision

9. We will not investigate Mr X’s complaint because there is no evidence of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman