Summary: We will not investigate Miss X’s complaint about the Council’s response to her complaint and safeguarding concern relating to her ex-partners child and girlfriend. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. The complainant, Miss X, complains about the Council’s response to her complaint and safeguarding concern in relation to her ex-partner’s child and girlfriend.

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 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

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

Back to top

My assessment

6. Miss X complained to the Council about its response to her safeguarding concerns about her ex-partner’s child and girlfriend.
7. The Council told Miss X it could not consider her complaint via its complaints procedure because she does not have parental responsibility for the child involved nor consent from a person with parental responsibility for the complaint to be made on their behalf.
8. We will not investigate Miss X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. There is no sign of fault in the Council’s decision not to accept Miss X’s complaint because she does not have parental responsibility for the child involved. The decision was made in line with the relevant statutory guidance to local authority children’s services on the handling of complaints.
9. The Council confirmed, in response to our initial enquiries, that the matter was referred to Safeguarding and the relevant process was followed.
10. Information about this cannot be shared with Miss X because she does not have parental responsibility or the required consent.

Back to top

Final decision

11. We will not investigate Miss X’s complaint because there is no sign of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman