Summary: We will not investigate this complaint about the Council’s handling of Mr X’s safeguarding concerns for his siblings. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X says the Council failed to protect his younger siblings from abuse and neglect in their home. He says the Council ignored what the young people reported and tried to return them to a place where they felt unsafe. He also says social services keep slandering him because they still treat him as a danger due to a false allegation made ten years ago that ended with no further action.

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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))
3. 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

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

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My assessment

6. Mr X complained to the Council raising concerns about the care and welfare of his siblings.
7. The Council told Mr X it had noted his concerns to the relevant officers.
8. The Council said it could not share information with Mr X because he does not have parental responsibility for his siblings. It can only consider complaints from someone who holds parental responsibility.
9. We will not investigate Mr X’s complaint. There is not enough evidence of fault in the Council’s decision to refuse his complaint because he does not have parental responsibility. The Council acted in line with statutory guidance on handling children’s services complaints.
10. The same restriction applies to this office. We can only consider the substantive issues with the consent of someone who has parental responsibility for the children.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman