Summary: We will not investigate this complaint about child protection concerns because we could not add to any previous investigation by the Council.

The complaint

1. Mr Y complains about the Council’s response to concerns he raised about his child. He says the Council ignored him, and this contributed to his child being harmed.
2. Mr Y also says the Council and the local police force has discriminated against him.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint if it is about action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5, Section 26, paragraph 2 as amended)
5. 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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

6. I considered information provided by Mr Y and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Mr Y complained to the Council in November 2023. The Council decided it should consider this under the children’s statutory complaints procedure. The Council followed this process, when responding to Mr Y’s complaint.
9. The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it. However, we may look at whether there were any flaws in the stage two investigation or stage three review panel that could call the findings into question. We may also consider whether a council properly considered the findings and recommendations of the independent investigation and review panel, and whether it has completed any recommendations without delay.
10. From the evidence I have seen, the Council did properly consider Mr Y’s complaint at each stage of the complaint’s procedure. The panel made two recommendations, and the Council considered these without delay. We could not add to any previous investigation by the Council, and an investigation by the Ombudsman would unlikely achieve anything further for Mr Y. We will therefore not investigate this complaint.
11. Mr Y says the Council is racist and has discriminated against him. Direct discrimination occurs when a person treats another less favourably than they treat or would treat others because of a protected characteristic. I acknowledge Mr Y feels he has been treated unfairly, but I have not seen sufficient evidence to suggest the Council has discriminated against him or treated him differently because of his race.
12. Mr Y has complained about the actions of the local police force. It is not uncommon for the Council and the Police to work together at times or be involved in the same meetings.
13. The law prevents us from investigating complaints about any local policing body. ⁠The Independent Office for Police Conduct (IOPC) are better placed to consider complaints about the police. Therefore, we cannot investigate this part of the complaint.
14. I understand Mr Y is seeking substantial compensation from the Council. We do not recommend that Councils pay compensation. Sometimes we recommend that Councils pay a symbolic payment to remedy injustice caused by fault. However, where there is insufficient evidence of fault in the Council’s actions, we do not consider remedies.

Back to top

Final decision

15. We will not investigate Mr Y’s complaint because we could not add to any previous investigation by the council, and an investigation by the Ombudsman would unlikely achieve anything further for Mr Y.

Back to top

Investigator's decision on behalf of the Ombudsman