Summary: We will not investigate Mrs X’s complaint about the Council’s response to her concerns about the care and welfare of her grandchildren. This is because there is no sign of fault in the Council’s decision not to accept her complaint because she does not have parental responsibility for the children.

The complaint

1. Mrs X complains about the Council’s decision not to consider her complaint in which she raised concerns about the care and welfare of her grandchildren.

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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)
3. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complained to the Council raising concerns about the care and welfare of her grandchildren.
7. The Council told Mrs X it could not consider her complaint via its complaints procedure. It explained it can only accept and consider complaints where the person making the complaint has parental responsibility for the children involved. This is not the case here. It confirmed the social worker was aware of Mrs X’s concerns; that safeguarding the children is a priority and that the concerns would be addressed.
8. We will not investigate Mrs X’s complaint. This is because there is no sign of fault in the Council’s decision not to accept her complaint because she does not have parental responsibility for the children. The Council’s decision is made in line with the statutory guidance for local authority children’s services on the handling of complaints. The same restriction would also apply to this office in considering the substantive complaint. We could only do so with the consent of a person with parental responsibility for the children.

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman