Summary: We will not investigate Mr X’s complaint about the actions of the Council after it received a safeguarding referral made by his child’s school. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council treated him differently because of his race and provided incorrect guidance when it investigated a safeguarding referral made by his child’s school.
2. Mr X also complains the referral form sent by the school was not completed correctly.

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The Ombudsman’s role and powers

3. 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
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)

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How I considered this complaint

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

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My assessment

7. The school made a safeguarding referral to the Council for Mr X’s child after she arrived in school crying.
8. The Council processed the safeguarding referral in line with its procedures and contacted Mr X to discuss the referral.
9. Mr X complained the social worker asked him his racial origin and provided incorrect advice about smacking. The social worker also offered parenting training to Mr X. The outcome of the safeguarding referral was no further action. Mr X complained to the Council about how the social worker had behaved.
10. The Council investigated Mr X’s complaint. The Investigating Officer spoke to the social worker and reviewed the files. The Stage 1 complaint addressed all of Mr X’s points in detail. The Council declined to consider Mr X’s complaint at Stage 2 of its complaints procedure because it was satisfied the Stage 1 response fully addressed the issues raised in his complaint.
11. I will not investigate Mr X’s complaint about the actions of the Council after it received a safeguarding referral made by his child’s school. The Council followed its procedures to process the safeguarding referral and provided a comprehensive response to Mr X’s complaint. There is not sufficient evidence of fault to justify an investigation, and further investigation would not lead to a different outcome.
12. Mr X complained about his child’s school as he believed the referral form was not completed correctly.
13. I will not investigate Mr X’s complaint about how the school completed the referral form. Mr X needs to complain to his child’s school about this issue. The Ombudsman does not have the power to consider the actions of the school.

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Final decision

14. We will not investigate Mr X’s complaint about the actions of the Council after it received a safeguarding referral made by his child’s school. There is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman