Summary: We will not investigate this complaint about the Council’s decision not to take safeguarding action. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained the Council failed to take safeguarding action after he raised concerns about the welfare of his children. He said the Council’s actions had caused him worry and distress. He wants the Council to remove his children from their mother, Ms Y’s care.

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The Ombudsman’s role and powers

2. 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)
3. 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, or
• further investigation would not lead to a different outcome.

(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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s children were previously supported by the Council through a Child Protection Plan. The Council ended that Plan in 2024. Following that, Mr X contacted the Council with concerns about Ms Y’s behaviour and his children’s welfare.
7. In the Council’s complaint response, it confirmed it had followed up Mr X’s concerns. It said it spoke to Ms Y, the children’s school and health service. It said there was no evidence to substantiate his concerns therefore the threshold for safeguarding enquiries had not been met.
8. Although Mr X was unhappy with that decision, we will not investigate his complaint. The Council considered all available information, made appropriate checks and followed the statutory guidance. There is not enough evidence of fault to justify our involvement.
9. In addition, since the Council issued that response, the Council has started a social care assessment and Mr X’s children are in his care. Therefore, further investigation would not lead to a different outcome.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman