Summary: We will not investigate this complaint about the actions of the Council’s children’s services team. This is because there is not enough evidence of fault.

The complaint

1. The complainant, whom I shall refer to as Ms X, complained about the Council’s children’s services team and its involvement with her grandchildren. Ms X says the Council has failed to keep her informed. Ms X’s grandchildren were previously subject to child protection plans and now live with their father (Mr Y). Ms X says she cannot understand why the Council has closed their cases. Ms X is also unhappy with comments Mr Y made via text message. Ms X wants the Council to investigate. Ms X says the Council has not investigated her concerns via its three-stage process.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate Ms X’s complaint. This is because there is not enough evidence of fault by the Council. It has said there is limited information it can give Ms X due to data protection. The Council says it would need Mr Y’s permission to share information with her. Ms X does not have parental responsibility for her grandchildren and so the Council is not at fault for refusing to provide information.
7. Ms X is unhappy with Mr Y’s actions and says the Council has not considered her complaint under its three-stage process. But the Council is not responsible for what Mr Y does. Also, the document Getting the Best from Complaints provides statutory guidance on the children’s social services representations procedure. It sets out the groups of people who can complain. It does not include grandparents and the Council does not feel Ms X falls under any of the groups listed. The same exclusion applies to the Ombudsman and a complaint from Ms X on behalf of her grandchildren. There is not enough evidence of fault for us to question the Council’s decision not to investigate Ms X’s complaint.

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Final decision

8. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman