Summary: We will not investigate most of Mr X and Ms Y’s complaint about how the Council responded to a safeguarding referral because there is insufficient evidence of fault. We cannot investigate how Ms Y’s educational establishment made the referral because the Council is not responsible for the matters complained about.

The complaint

1. Mr X and Ms Y complained:
1. about a safeguarding referral made to the Council by Ms Y’s educational establishment; and
2. about the Council’s response to the safeguarding referral.
2. Mr X and Ms Y say the matter caused them distress and frustration.

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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 complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

Safeguarding referral by Ms Y’s educational establishment

8. We cannot investigate this complaint. The actions of the college are not an administrative function of the Council. Therefore, the law says we cannot investigate this complaint.

Council’s response to the safeguarding referral

9. We will not investigate this complaint. Although Mr X and Ms Y explained the impact of the Council’s enquiries and the mitigating circumstances surrounding the referral, the Council must act where it has reasonable cause to suspect that a child in its area is suffering or is likely to suffer significant harm.
10. The Council must make enquiries it considers necessary to decide whether to take any action to safeguard or promote a child’s welfare. Such enquiries should be initiated where there are concerns about abuse or neglect.
11. The threshold for making enquiries is deliberately low. “Reasonable cause” can include referrals from other agencies about concerns of risk. The Council cannot wait when it decides there is reasonable cause. It must act immediately.
12. The Council received the referral and decided it needed to make additional enquiries through an assessment of Mr X and Ms Y’s family. It also made other relevant referrals to enable it to evaluate the concerns. It acted within a handful of days of receiving the referral in line with statutory guidance.
13. Consequently, there is insufficient evidence of fault in the Council’s actions to warrant an investigation by the Ombudsman, and so we will not investigate this complaint.

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Final decision

14. We will not investigate most of Mr X and Ms Y’s complaint because there is insufficient evidence of fault. We cannot investigate the remainder because the Council is not responsible for the matters complained about.

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Investigator's decision on behalf of the Ombudsman