Summary: The Ombudsman will not investigate Ms X’s complaint that Wandsworth Council has refused to investigate her complaint about a company which provides a children’s youth service on its behalf and which had contact with her son. The Council is not at fault and correctly advised Ms X that she should complain to Lambeth Council which is responsible for safeguarding her son.

The complaint

1. Ms X complains the Council refused to accept a complaint about Company B which it commissions to provide services to families. Ms X complains that in 2018 Company B took her son out on trips without her knowledge or consent and at a time when he should have attended school. She says this raises safeguarding issues.

Back to top

The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

4. I have considered Ms X’s information and comments and discussed the complaint with her by telephone. I have considered Ms X’s correspondence with the Council. I have read her communications with this office following my draft decision statement.

Back to top

What I found

5. Ms X complains about the involvement of Company B with her son which she became aware of in March or April 2018. Company B provided a service to a young person for Wandsworth Council. Ms X’s son was included on some activities as a friend. Company B’s youth worker told Ms X that the boys had mislead him about the age of her son and he did not know he was attending school.
6. Lambeth Council provides the children’s service to the family and was involved throughout the period covered by this complaint. Ms X discussed Company B with Lambeth Council in 2018 and it had some contact with the company.
7. On 15 May Wandsworth Council acknowledged Ms X’s concerns but confirmed later that it had not logged a complaint. On 21 June it wrote to Ms X saying it would not investigate her complaint. It says it did not commission a service for Ms X’s son and advises her to complain to Lambeth Council.

Analysis

8. I will not investigate this complaint for the following reasons:
1. The Ombudsman investigates fault causing injustice. There is no fault in the Council deciding not to investigate Ms X’s complaint. The Council says it did not commission a service for Ms X’s son and is not involved with the family. I have not seen evidence that it was involved in 2018.
2. There is no injustice to Ms X by how the Council dealt with her complaint irrespective of whether it formerly recorded a complaint.
3. The Council was correct to advise Ms X to complain to Lambeth Council which provides a service to her family and is responsible for safeguarding her son.

Back to top

Final decision

9. The Ombudsman will not investigate Ms X’s complaint that Wandsworth Council has refused to investigate her complaint about a company which provides a children’s youth service on its behalf and which had contact with her son. The Council is not at fault and correctly advised Ms X that she should complain to Lambeth Council which is responsible for safeguarding her son.

Back to top

Investigator's decision on behalf of the Ombudsman