Summary: We will not investigate this complaint about how the Council dealt with a child protection referral. This is because there is insufficient evidence of fault.

The complaint

1. Mrs X complains about how the Council dealt with a referral concerning her children. Mrs X says her children were not present during the incident that led to the referral so the Council should not have commenced enquiries.

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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 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)

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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. The Council received a safeguarding referral from the police concerning Mrs X’s family. The Council carried out an initial assessment and concluded that a more detailed assessment was needed. Mrs X refused to consent to an assessment, so the Council then concluded that a strategy meeting should be held.
7. The case was discussed during the strategy meeting and all agencies present recommended that an enquiry under Section 47 of the Children Act 1989 should be carried out. The Council accepted the recommendation.
8. I will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council. The evidence I have seen shows that the Council followed the correct process, considered relevant information and fully justified the reasons for its decision. In the absence of fault with the Council’s decision making, we cannot question the outcome.

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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.

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Investigator's decision on behalf of the Ombudsman