Summary: We will not investigate Mr X’s complaint about children service’s actions because we cannot achieve the outcome he seeks of his child’s removal from their mother’s care.

The complaint

1. Mr X says the Council should have taken safeguarding action to remove his child, Z, from their mother’s care.

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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 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 Mr X and the Council’s replies to him.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says Z should not be living with their mother. He says this breaches a court order which specifies that Z should live with someone else. He says he is worried about Z’s safety. Mr X contacted the Council’s children services team and asked it to consider taking safeguarding action. It says it assessed the case and decided it did not meet the threshold to take action.
6. Only the Courts, and those with parental responsibility, can decide where Z should live. We cannot achieve the outcome Mr X seeks of Z being removed from his mother’s care.

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Final decision

7. We will not investigate Mr X’s complaint because we cannot achieve the outcome he seeks of a child’s removal from their mother’s care.

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Investigator's decision on behalf of the Ombudsman