Summary: We will not investigate this complaint about the Council’s decision not to take safeguarding action. There is insufficient evidence of fault on the Council’s part to warrant investigation.

The complaint

1. The complainant, Mr X, complains that the Council has unreasonably declined to carry out a safeguarding enquiry.

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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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says he became aware of issues relating to his child which raised concerns about her welfare. He made a safeguarding referral to the Council and complains that it declined to carry out a safeguarding enquiry. He says the outcome he is seeking from his complaint to the Ombudsman is that the Council does so.
6. The Council told Mr X that it does not regard the matter he has brought to its attention as meeting the threshold for safeguarding action. It has refused to accept a complaint about its decision because of his child’s wish that he have no involvement with her.
7. The Ombudsman will not investigate Mr X’s complaint. The evidence the Council has provided, which we cannot disclose, shows that the Council considered Mr X’s referral. There is no evidence of fault in the way it did so. The decision that safeguarding action was not warranted was a matter for the professional judgement of the Council’s officers. The Ombudsman cannot intervene to criticise their judgement or substitute an alternative view.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman