Summary: We will not investigate Miss X’s complaint about the Council’s response to safeguarding concerns she raised about children in her extended family. This is because there is no sign of fault in the Council’s decision not to accept and consider her complaint.

The complaint

1. Miss X complains about the Council’s response to her complaint raising safeguarding concerns about children in her extended family. Miss X says the Council has not considered her concerns properly.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council told Miss X it could not investigate her complaint because she does not hold parental responsibility for the children the complaint concerned. It explained this means it cannot share any information relating to the children with her. It confirmed it would share her concerns about the children with the relevant professionals. It also provided signposting information should a person with parental responsibility for the children wish to submit a complaint.
7. We will not investigate Miss X’s complaint. This is because there is no sign of fault in the Council’s decision not to accept and consider her complaint because she does not have parental responsibility for the children involved. The Council’s decision has been made in line with the relevant statutory guidance on the handling of children’s services complaints and it has clearly explained its reasons. As set out in the Council’s response, it is open to a person with parental responsibility for the children to raise a complaint to the Council about these matters should they wish to do so.

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Final decision

8. We will not investigate Miss X’s complaint because there is no sign of fault in the Council’s decision not to accept and consider her complaint.

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Investigator's decision on behalf of the Ombudsman