Summary: We will not investigate Mrs X’s complaint the Council has failed to properly safeguard her grandchild. There is not enough evidence of fault by the Council to warrant our involvement. We also could not add to the Council’s response.

The complaint

1. Mrs X complains the Council has failed to properly safeguard her grandchild. She wants the staff involved to face disciplinary action for their mistakes.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
4. 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 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

5. I considered information provided by the complainant.

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My assessment

6. The Council has explained to Mrs X that it is supporting her grandchild through a child protection plan. The Council has explained it cannot provide detailed information to Mrs X about her grandchild because she does not have parental responsibility for them. Mrs X does not have consent from her grandchild or anyone who has parental responsibility to complain on their behalf.
7. Child protection plans are one of the highest levels of intervention councils can take to meet their statutory duties to safeguard children in their area from harm or a risk of harm. This shows the Council has taken concerns about Mrs X’s grandchild seriously. It is unlikely we would find evidence of fault in that respect.
8. We could not add to the Council’s explanations to Mrs X as we are also limited in the information we could provide to her about her grandchild. Mrs X has expressed a wish for the Council to take a disciplinary action against the Social Workers involved. We would not be able to achieve this outcome as any disciplinary actions between the Council and its employees fall outside our jurisdiction.

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Final decision

9. We will not investigate Mrs X’s complaint because there is not enough evidence of fault. We also cannot achieve the outcomes the complainant wants.

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Investigator's decision on behalf of the Ombudsman