Summary: We will not investigate Mr X’s complaint about the Council’s response to his safeguarding concerns and its handling of his complaint. There is insufficient evidence of fault, and it is reasonable for him to raise his concerns as part of related court proceedings.

The complaint

1. Mr X complains the Council failed to take appropriate action in response to his report of safeguarding concerns about his child. It also refused to consider a complaint about the matter.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We also may decide not to start or continue with an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
4. 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), section 34(B))
5. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. In response to Mr X, the Council said its children’s services team had discussed his case and the safeguarding concerns he had raised. It said the Council had decided not to take further safeguarding action. As his concerns related to private law matters, it advised him to seek legal advice.
9. Mr X complained about this decision. The Council told Mr X it would not consider his complaint through its complaint’s procedure and advised him again to seek legal advice.
10. We will not investigate this complaint. The Council appropriately considered Mr X’s concerns but decided it did not need to instigate further safeguarding enquiries or take further action. This is a position it is entitled to reach. There is insufficient evidence of fault in how it considered the matter to warrant an investigation. In addition, Mr X can reasonably raise his concerns as part of related legal proceedings.
11. We will also not investigate the decision to refuse his complaint. The Council’s complaints policy allows it to exclude a complaint where there are ongoing related legal proceedings. There is insufficient evidence of fault to warrant an investigation.  

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Final decision

12. We will not investigate Mr X’s complaint because there is insufficient evidence of fault and it is reasonable for Mr X to raise his concerns as part of related legal proceedings.

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Investigator's decision on behalf of the Ombudsman