Summary: We cannot investigate this complaint that the police interviewed children without parental consent, and the Council misadvised the school. This is because we do not have the power to investigate the actions of the police. For those complaints within our jurisdiction, further investigation would not lead to a different outcome.

The complaint

1. Mrs X complained the Council allowed her children to be interviewed by the police without her consent.
2. She said the police interviewed her children without support which caused emotional harm. She wants a formal apology and financial remedy.

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The Ombudsman’s role and powers

3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the police. (Local Government Act 1974, sections 25 and 34(1), as amended)

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 further investigation would not lead to a different outcome. (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. A school contacted the police with a concern and an officer attended and interviewed Mrs X's children. Mrs X complained she was informed by the school after the interview and it should have contacted her earlier so she could be present.
7. Mrs X says the school contacted the Council for advice and spoke with an officer who gave it the wrong advice.
8. The Council said the advice the officer gave was not documented. It informed Mrs X it had reminded staff that they must record advice in an accessible place. It also said officers would be advised on how to handle this type of query.
9. We will not investigate this complaint. Ultimately, it was the police’s decision to interview the children without the presence of Mrs X. Therefore, if Mrs X is unhappy that she was not informed prior to the interview, she should make a complaint to the police.
10. The Council has already identified a service improvement with regard to record-keeping and therefore, further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman