Milton Keynes Council (21 003 600)
Category : Children's care services > Looked after children
Decision : Closed after initial enquiries
Decision date : 13 Dec 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the provision of information to the complainant. This is because there is no indication of fault on the Council’s part.
The complaint
- The complainant, who I will refer to as Ms B, complains that the Council has failed to keep her informed of matters relating to her son.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms B’s son is 17 years old and is in the Council’s care. Ms B complains that the Council is failing to engage properly with her on matters relating to his welfare. Specifically, she complains that it has failed to provide her with information regarding her son’s financial arrangements.
- Ms B wants the Council to provide her with the information, and to change her son’s social worker. In response, the Council says it will not do so. It says Ms B’s son does not want her to have the information, and does not want a change of social worker.
- We will not investigate Ms B’s complaint. Her son is 17 and there is nothing to suggest he lacks the capacity to express his wishes. I have no reason to doubt that his wishes are as the Council has set them out. That being the case, the Council is not at fault in respecting them, however strongly Ms B disagrees. It is not for the Ombudsman to intervene.
Final decision
- We will not investigate Ms B’s complaint because there is no indication of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman