Summary: We will not investigate Mrs X’s complaint about the Council’s handling of safeguarding concerns she raised about her grandchildren. Some of the matters are late and relate to issues that were, or could have been, considered in court. There is not enough evidence of fault on the other matters.

The complaint

1. Mrs X complains the Council failed to investigate safeguarding concerns she raised about her grandchildren in their mother’s care. She also complains the Council’s social worker was rude and dismissed her concerns.
2. She says she is worried about the children’s welfare. She wants the Council to investigate her concerns and make alternative care arrangements for the children.

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The Ombudsman’s role and powers

3. 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, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint

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

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. We may also decide not to start an investigation if 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))

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How I considered this complaint

7. I considered information provided by Mrs X and the Council.
8. I also considered the Ombudsman’s Assessment Code.

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My assessment

9. Mrs X complained to the Council about safeguarding concerns regarding her grandchildren in their mother’s care. She asked the Council to make alternative care arrangements for the grandchildren. The Council declined to consider her complaint because it concerned issues that were considered, or could have been considered, during earlier court proceedings.
10. The evidence I have seen shows that many of the safeguarding concerns that Mrs X raised are historical. This makes this part of her complaint late. It also appears that some of these matters were considered, or could have been considered, as part of earlier court proceedings about the children’s care arrangements. I see no good reason to investigate the Council’s handling of historical allegations where such matters could have reasonably been considered in court. Only the courts can make any changes to the current care arrangements. An investigation by us could not achieve the outcome Mrs X wants.
11. In terms of the recent safeguarding concerns, the evidence I have seen shows the Council considered safeguarding referrals it received and made enquiries with relevant parties to decide whether further action was needed. I am satisfied it took appropriate action in response to safeguarding referrals it received. There is not enough evidence of fault on this point to justify us investigating.
12. Mrs X also complains about the tone and communication of the social worker and says she feels dismissed by them. Whilst I acknowledge Mrs X’s frustration, it is not a good use of public resources to investigate complaints if we are unable to deal with the substantive issue. As we are not investigating the substantive issue about the safeguarding considers, then I will also not investigate this aspect of Mrs X’s complaint.

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Final decision

13. We will not investigate Mrs X’s complaint because some of the matters are late and relate to issues that were, or could have been, considered in court. There is not enough evidence of fault by the Council in its handling of the recent safeguarding concerns.

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Investigator's decision on behalf of the Ombudsman