Summary: We will not investigate Ms X’s complaint about how the Council dealt with a child protection referral. This is because there is not enough evidence of fault to justify an investigation by the Ombudsman.

The complaint

1. Ms X complains about how the Council handled a referral about her son. She says the Council failed to recognise evidence provided by medical professionals. She also complains about complaint handling.

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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. Ms X complained to the Council that it refused to consider her complaint about a social worker coming to her home without an appointment. The Council said it would not consider her complaint because the visit was part of its statutory child protection duties.
6. Ms X complained to the Ombudsman that the Council did not properly investigate a referral about her son or recognise evidence from other professionals.
7. I will not investigate this complaint because there is not enough evidence of fault in the Council’s actions. Although Ms X says the referral was malicious, the Council had a statutory duty to investigate any referral it received.
8. The Council considered information from professionals working with Ms X’s son, including his advocate, medical professionals and tutors. It considered Ms X’s views and tried to speak with her son independently to understand his wishes and feelings.
9. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman