Summary: We will not investigate this complaint about child protection. It is unlikely we will find enough evidence of fault by the Council, and we cannot achieve the outcome the complainant wants.

The complaint

1. Ms D said the Council failed to protect a child who is at risk of harm, despite her concerns. Ms D said the Council should remove the child from their home.

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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 cannot achieve the outcome someone wants.

(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. Ms D raised concerns with the Council which it referred to its Family Front Door. That is the central point for all safeguarding referrals and concerns about children in its area.
6. The Council has responded to Ms D to explain it cannot share information with her, and she does not meet the criteria to raise a complaint under the complaint procedure.

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Final decision

7. We will not investigate Ms D’s complaint because it is unlikely we will find enough evidence of fault in the way the Council considered and responded to Ms D’s concerns. We cannot achieve the outcome Ms D wants of removing the child, that is not within the Ombudsman’s powers.

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Investigator's decision on behalf of the Ombudsman