Summary: The Ombudsman will not investigate Ms B’s complaint about safeguarding and child protection issues, and the poor complaint handling by the Council. This is because Ms B has no standing to complain for the children she says were abused, and if we are unable to deal with the substantive matters in the complaint we will not investigate the way the Council dealt with Ms B’s complaint.

The complaint

1. Ms B says there are serious safeguarding and child protection issues at a private children’s care home. She also says she suffered harassment, racism and assault whilst working at the care home and complains the Council did not deal with her complaint properly.

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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 may investigate complaints made on behalf of someone else if they have given their consent, including young people who are able to do so. In other cases, we must decide whether the person complaining is a suitable representative. (Local Government Act 1974, section 26A(1) and (2), as amended)
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as Ofsted, Police, Employment Tribunal, Private Businesses. (Local Government Act 1974, sections 25 and 34A, as amended)
5. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

6. I have considered Ms B’s complaint and more information she provided by email and over the phone. I have also considered the Council’s responses and Ms B’s comments on a draft of this decision.

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What I found

7. Ms B complains about serious safeguarding and child protection issues she witnessed whilst working at a private children’s care home.
8. Ms B made a safeguarding and child protection referral to the Council, but she says there has been no result. Ms B is not the legal parent or guardian of the children and young people involved. She does not therefore have a right to information about the Council’s investigations. Nor would the Ombudsman accept she is a suitable person to represent and complain for the children and young people involved.
9. Ms B says she was harassed, racially and physically abused by certain colleagues and a young person at her previous place of employment. She also says her previous employer treated her unfairly and dismissed her.
10. The Ombudsman cannot by law investigate personnel matters; these are matters for the employer to deal with. If Ms B remains dissatisfied with the way the employer has dealt with such staff issues, she has a right to take the matter to an employment tribunal. Ms B says she has done this, and a hearing date has been fixed.
11. Ms B says she reported her complaints on various occasions to her former employer and other authorities such as the Council, Police, Ofsted, and MP. Ms B says is unhappy with the way the Council has dealt with her complaints because it has not addressed all the issues she raised. Ms B wants the Ombudsman to investigate how the Council handled her complaint.
12. Where we are not investigating the underlying matter in a complaint, we do not separately investigate the Council’s handling of the complaint.

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Final decision

13. The Ombudsman will not investigate this complaint. This is because Ms B has no standing to complain on behalf of any children or young people involved and if we are unable to deal with the substantive matter, we will not investigate the way the Council dealt with Ms B’s complaint.

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Investigator's decision on behalf of the Ombudsman