Summary: We will not investigate this complaint that the Council has failed to act impartially following a safeguarding referral relating to the complainant’s children. This is because there is no evidence of fault on the Council’s part.

The complaint

1. The complainant, Miss X, complains that the Council has failed to act impartially following a safeguarding referral relating to her children.

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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Miss X’s children have been the subject of a social worker’s assessment carried out after the Council received a safeguarding referral. She says the Council has acted with bias against her. Specifically, she says the Council has failed to ensure that her ex-husband gives up their joint tenancy had has helped him gain custody of two of her children.
6. Miss X made a complaint to the Council, asking that it change the children’s social workers. The Council declined to do so.
7. The Ombudsman will not investigate Miss X’s complaint because there is no evidence that fault on the Council’s part has caused her an injustice. The Council’s complaint response addresses Miss X’s housing situation and indicates that she does not agree with its position, but this is not evidence of fault.
8. The custody of the children is a matter for the courts, not the Council. Only the courts can determine disputes over the custody of children and, if Miss X disagrees with the current arrangements, her recourse is to go to court. There are no grounds for the Ombudsman to intervene.

Back to top

Final decision

9. We will not investigate Miss X’s complaint because there is no evidence of fault on the Council’s part.

Back to top

Investigator's decision on behalf of the Ombudsman