Summary: We will not investigate Mrs X’s concerns about the Council’s response to her report of a safeguarding matter concerning a child. This is because there is insufficient evidence of fault in the Council’s response.

The complaint

1. Mrs X complains about the Council’s decision not to act on her report about a child’s welfare solely because she does not have parental responsibility for the child in question.

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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))

3. 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

4. I considered information provided by the complainant including the Council’s response.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X describes how a child has been affected by abuse and that this has been brought to the attention of other agencies including the Police.
7. The Council has declined to act under safeguarding or child protection procedures chiefly citing Mrs X not holding any parental responsibility authority.
8. While I appreciate Mrs X finds this is not a good enough reason for the Council not to act, the Council would be prohibited from sharing any information with Mrs X, including its reasons for not acting, as she holds no official status with respect to the child.
9. In these circumstances, there is not enough evidence of fault in the Council’s response to justify investigating.
10. If Mrs X has new concerns these should be brought to the attention of the Police.

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Final decision

11. We will not investigate Mrs X ’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman