Summary: We will not investigate Mr X’s complaint about how the Council handled child protection action relating to his family. This is because there is not enough evidence of injustice to warrant investigation and we could not achieve the outcome Mr X wants.

The complaint

1. Mr X complained the Council failed to send him minutes and relevant paperwork after child protection meetings. He complained the Council waited too long to carry out a risk assessment for his child.

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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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants.

(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 complained to the Council about its actions during child protection matters.
6. The Council said Mr X’s complaint did not meet the criteria to be considered under any of its complaint processes. It said he was not complaining about any procedural issues with the child protection action. It told him he could raise any concerns he had during the child protection process.
7. We will not investigate Mr X’s complaint. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter. There is no evidence Mr X suffered a significant injustice as a direct result of the Council failing to send him paperwork or carrying out a risk assessment when it did.
8. Additionally, we cannot achieve the outcome Mr X wants. He wants to have contact with his family. We do not have the power to tell the Council to stop any child protection action or to allow Mr X to have contact with his family.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of injustice to warrant investigation and we could not achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman