Durham County Council (21 011 465)

Category : Children's care services > Friends and family carers

Decision : Closed after initial enquiries

Decision date : 10 Dec 2021

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council refusing to deal with Ms X’s complaint. This is because there is insufficient evidence of fault by the Council to justify our involvement.

The complaint

  1. Ms X complains the Council refused to consider her complaint about social services involvement with her grandchild.

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The Ombudsman’s role and powers

  1. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6)).

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Ms X is the grandmother of Y. Ms X does not have parental responsibility for Y.
  2. Ms X complains the Council did not deal with her complaint about social services involvement with Y.
  3. The Council refused to consider Ms X’s complaint as she does not have parental responsibility for Y.
  4. The Council’s complaints policy states who can bring a complaint about children’s services. Grandparents can only bring a complaint if they have parental responsibility for the child.
  5. We will not investigate this complaint because the Council’s decision to not consider Ms X’s complaint is consistent with the policy. There is insufficient evidence of fault to warrant an investigation.

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Final decision

  1. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman

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