Summary: We will not investigate this complaint about child protection because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains on behalf of his brother, Mr Y, about the Council’s dealings with the family in connection with Mr Y’s children. Mr X is unhappy with the Council’s response to his complaint.

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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 an investigation, or
• we could not add to any previous investigation by the organisation, or
• there is no worthwhile outcome achievable by our investigation.

(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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y has separated from his children’s mother. He is concerned about their welfare. He complains that paternal family members have be excluded from their care while he has been in prison.
6. Mr X complained to the Council on behalf of Mr Y and other family members.
7. From the Council’s response, I understand the Council has been involved because of concerns for Mr Y’s children. It appears the Council is working with the children’s mother to address its concerns. The Council said it would not discuss its dealings with the children’s mother with Mr X.
8. Unhappy with the Council’s response, Mr X asked the Council to respond at the second stage of the statutory children’s complaints process. This is a formal procedure, set out in law, which Councils must follow for certain complaints.
9. The Council declined.
10. Unhappy with the Council’s response, Mr X complained to us. He says the family has been unable to challenge the Council’s actions and he wants the Council to investigate his concerns under the statutory children’s complaints process.
11. Mr X’s complaint is not eligible for the statutory children’s complaints process.
12. And there is not enough evidence of fault in the Council’s dealings with Mr X, Mr Y or his children to justify an investigation by us.
13. There is no fault in the Council’s decision not to share information with Mr X about its dealings with the children’s mother. There is nothing we could add to the Council’s response. As a parent with parental responsibility complaining about his dealings with the Council, it would be reasonable for Mr Y to complain himself.
14. There is no worthwhile outcome achievable for us.

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Final decision

15. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman