Summary: We will not investigate this complaint about the Council’s response to a safeguarding concern relating to the complainant’s children. This is because investigation would not add anything significant to the response the Council has already made, or lead to a different outcome.

The complaint

1. The complainant, Ms X, complains that the Council was at fault in its response to a safeguarding concern relating to her 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)

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How I considered this complaint

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

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My assessment

5. Ms X’s children were the subject of a safeguarding referral to the Council regarding the actions of their father. Ms X complains that the Council’s response to the matter was flawed, and that she was therefore disadvantaged in safeguarding her children.
6. Specifically, Ms X says the Council failed to take account of existing information and previous domestic abuse she had suffered to inform its decision making, and failed to take appropriate action to capture the voices of the children. She further complains that the Council’s interaction with her, including its failure to provide her with written transcripts when she requested them, amounted to fault.
7. The Council upheld Ms X’s complaint in part. It accepted that it had taken insufficient action to obtain the children’s views and that it had failed to provide her with information she had requested. It also explained the reasons for its decision not to take further action.
8. The Ombudsman will not investigate Ms X’s complaint because we would not add anything significant to the response the Council has already made. It is not a good use of our resources to investigate complaints which have already been upheld, and there are no grounds for us to consider the parts of Ms X’s complaint where the Council has accepted that it was at fault.
9. The Council’s responses indicate that the remaining parts of the complaint have been properly considered, and the findings are clearly set out. Ms X disagrees with those findings, but that does not mean they amount to fault. There is no prospect that investigation by the Ombudsman would add anything significant to the Council’s findings or lead to a different outcome. That being the case, there are insufficient grounds for us to investigate the complaint

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Final decision

10. We will not investigate Ms X’s complaint because investigation would not add anything significant or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman