Summary: We will not investigate Mrs X’s complaint about the Council’s handling of her safeguarding concerns about her child and their stepsibling. There is not enough evidence of fault to justify us investigating.

The complaint

1. Mrs X complains the Council has failed to take her safeguarding concerns about her child while in their father’s case seriously. Mrs X made a referral to the Council that her child and their stepsibling were being allowed to consume alcohol. Mrs X believes the Council has dismissed her concerns as parental conflict. She wants the Council to take her concerns seriously.

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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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Councils have a duty to investigate if there is reasonable cause to suspect that a child in their area is suffering, or is likely to suffer, significant harm. They must decide whether they should take any action to safeguard or promote the child’s welfare. (Children Act 1989, section 47)
8. The Council made enquiries following Mrs X’s safeguarding referral about her child and their stepsibling. The Council’s enquiries have included speaking to Mrs X and others involved, including external agencies. The Council did not identify evidence to substantiate Mrs X’s concerns about her child and their stepsibling. The Council has advised Mrs X of its decision to take no further action. The Council has also explained that it cannot give Mrs X further information about her child’s stepsibling because she does not have parental responsibility for that child.
9. I understand Mrs X is unconvinced the Council has acted on her concerns because it cannot disclose information to her about an unrelated child. I am however satisfied from the evidence I have seen the Council made the enquiries I would expect following a referral of this nature. I also consider it was reasonable for the Council to advise that Mrs X returns to court if she wishes to alter the existing care and contact arrangements for her child. Only the courts can decide what arrangements are appropriate and in the child’s best interests.
10. We will not investigate this complaint because there is not enough evidence of fault in the Council’s handling of Mrs X’s concerns to justify us investigating further.

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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 our involvement.

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Investigator's decision on behalf of the Ombudsman