Summary: We will not investigate Mr X complaints the Council has ignored his safeguarding concerns about his child. There is not enough evidence of fault in the Council handling to justify our involvement. It would also be reasonable for Mr X to return to court if he wants changes to the care and contact arrangements for his child.

The complaint

1. Mr X complains the Council has refused to investigate why his young child was rushed into hospital due to low blood sugar. Mr X believes his child is being neglected and the Council is ignoring his concerns about this. He wants the Council to place his child on a risk plan and to protect them from harm.

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The Ombudsman’s role and powers

2. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. 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

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

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My assessment

7. Mr X’s child was admitted to hospital in March 2025 for low blood sugar. The child was discharged from hospital the same day following treatment. The hospital discharge record shows medical professionals did not identify any safeguarding risks or concerns which needed referring to the Council. The child does not currently live with Mr X.
8. Mr X complained to the Council that it had failed to take appropriate action to protect his child from harm. The Council has declined to investigate and respond to Mr X complaints. It has explained that the same matters have been recently considered by the courts. The Council has confirmed to Mr X that it has considered the safeguarding reports he has made about his child and decided these have not met the threshold for further action.
9. Councils have a duty to consider all safeguarding concerns but can decide to take no further action based on its professional judgement. In this case, the Council was entitled to decide it did not need to take further action in response to Mr X’s concerns. The Council has confirmed it has not ignored Mr X’s concerns. The Council’s has also explained it did not receive a safeguarding referral from the hospital following Mr X’s child’s admission, which matches with the information I have seen within the hospital’s discharge note.
10. The Council also appears to have acted correctly by explaining why it cannot investigate the same issues the court has considered in respect of Mr X’s child. Any arrangements about care and contact of children is a private matter between the people who have parental responsibility. Where those people cannot agree on those arrangements, only the court has the power to intervene and make decisions about what arrangements would be in the child’s best interests and on any matters of dispute.
11. We will not investigate this complaint because neither we nor the Council can make decisions about Mr X’s contact with his child. It would be reasonable for Mr X to take this matter back to court if he wants changes to the existing arrangements in place for his child.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement. It would also be reasonable for Mr X to return to court if he wants changes to the existing care and contact arrangements for his child.

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Investigator's decision on behalf of the Ombudsman