Summary: We will not investigate Mr X’s complaint about how the Council safeguarded his child, Y. There is not enough evidence of fault in the Council’s actions to justify investigating, nor could we achieve the outcome Mr X wants.

The complaint

1. Mr X complained the Council failed to safeguard his child Y, who lives with his ex-partner. He said the Council’s failure to act had resulted in Y becoming unwell. He wants the Council to remove Y from the care of his ex-partner.

Back to top

The Ombudsman’s role and powers

2. 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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. We will not investigate Mr X’s complaint the Council failed to safeguard Y. The Council has considered the concerns raised but said there was no evidence to support those concerns. There is not enough evidence of fault in the Council’s actions to justify investigating.
6. Additionally, Mr X wants Y removed from his ex-partner’s care. This is not an outcome we can achieve.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.

Back to top

Investigator's decision on behalf of the Ombudsman