Middlesbrough Borough Council (22 013 045)
Category : Children's care services > Looked after children
Decision : Closed after initial enquiries
Decision date : 16 Feb 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s social work team not taking Mr X’s concerns about his children’s mother seriously. He says this puts his children at risk of harm. This is because there is insufficient evidence of fault in the way the Council considered Mr X’s concerns to justify an investigation.
The complaint
- Mr X complains the Council’s social work team has not taken his concerns about his children’s mother seriously. He says this puts his children at risk of harm. Mr X is also unhappy with the Council’s complaint response.
The Ombudsman’s role and powers
- 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
- We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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
- Mr X raised concerns about his children’s mother and considers his children are at risk of harm.
- The Council completed a child and family assessment to consider Mr X’s concerns about the children’s mother. The assessment noted there was no evidence to suggest Mr X’s children were not safe in the care of their mother.
- It is for the Council to consider Mr X’s concerns and decide whether it needs to take any action to protect his children from harm, or risk of harm. As there is no evidence there was any fault in the way the Council considered the matter, it is entitled to make its decision. Therefore, an investigation is not justified.
- As we are not investigating the substantive matters complained about, we will not consider Mr X’s complaints about the Council’s handling of his complaint.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the way the Council considered Mr X’s concerns to justify an investigation.
Investigator's decision on behalf of the Ombudsman