Summary: We will not investigate Mr X’s complaint that he was caused time and trouble in clarifying a Council children services’ policy. His injustice is not significant enough to justify an investigation.

The complaint

1. The complainant, whom I shall call Mr X, says the Council gave false information and tried to pressure him into allowing his child to have contact with an officer.

Back to top

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:
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)
3. 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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

4. I considered information provided by Mr X.
5. I considered the Ombudsman’s Assessment Code.
6. I considered Mr X’s comments on a draft version of this decision.

Back to top

My assessment

7. Mr X says the Council made false claims to him about what rights council officers have to a child. He says he could not get clear and correct information from the Council. He says he had to go to great lengths to find out the Council’s policy. He says the Council placed pressure on his family to allow his child to meet with a Council officer. The meeting did not take place.
8. The time and trouble Mr X expended to find out the Council’s policy and clear up whether his child should have this meeting, is not significant enough injustice to him and his family to justify an investigation.
9. Mr X says the Council failed to reply to his complaint about this. He says the Council failed to follow children services complaints’ regulations.
10. 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.

Back to top

Final decision

11. We will not investigate this complaint. This is because there is insufficient injustice caused to Mr X by the alleged fault to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman