Summary: We will not investigate Mrs X’s complaint that the Council refused to consider her complaint under the statutory children’s complaints procedure. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mrs X complains that the Council refused to consider her complaint at stage two of the statutory children’s complaints procedure.

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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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X complained to the Council about enquiries it made under Section 47 of the Children Act 1989. It refused to consider Mrs X’s complaint under the statutory children’s complaints procedure but did say it would consider a complaint under its’ corporate complaints procedure.
6. I will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council. Section 47 enquiries do not come under the statutory complaints procedure. It remains open for Mrs X to ask the Council to consider her complaint under its corporate procedure.

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Final decision

7. 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