Summary: We will not investigate this complaint about the Council’s response to Mrs X’s concerns about a child. Nor will we investigate the Council’s decision to decline to take a complaint about this matter from Mrs X. It is unlikely we would find fault in the Council’s actions in either respect.

The complaint

1. Mrs X complained the Council did not listen to safeguarding concerns she raised about a child (Y). She said her comments and reports were dismissed and she felt the Council refused to hear her voice. She said this has caused her stress and ongoing concern for Y’s wellbeing.

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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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X said she raised concerns to the Council about Y’s wellbeing. She said her contact with Council officers was poor and she felt the Council was overly dismissive. Mrs X made a complaint about this matter.
7. The Council replied to Mrs X’s complaint. It said it had looked at her concerns, and it was satisfied, on the information it knew about Y, that it did not need to take any action in response. It aso referred to other professionals who were involved, through its universal services, that were involved in monitoring Y’s wellbeing. It also suggested Mrs X take legal advice if she had concerns about an earlier private law proceedings decision. It is unlikely we would find fault in the Council’s decision here. It said it had looked at Mrs X’s concerns and was satisfied it need to take no action.
8. Additionally, the Council declined to take a complaint from Mrs X, saying this was because she did not have parental responsibility. It said it would consider a complaint from a person who did have parental responsibility, including where Mrs X had that persons consent to act on their behalf. It is unlikely we would find fault in the Council’s decision to decline a complaint for the reason it stated.
9. Because of my considerations at paragraph seven and eight, I will not investigate this complaint.

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Final decision

10. We will not investigate Mrs X’s complaint because it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman