Summary: We will not investigate this complaint about the Council’s decision to treat Miss X’s children as children in need. There is not enough evidence of fault by the Council to warrant investigation.

The complaint

1. Miss X complained the Council acted on a false referral and made false assumptions about her partner. She wanted the Council to leave her family alone.

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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))

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How I considered this complaint

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

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My assessment

5. The complaint correspondence states the Council received safeguarding referrals from two public bodies. It also stated the family had not been adhering to safety requirements previously imposed due to the nature of what had been alleged concerning Miss X’s partner. Given what was alleged, it is unlikely that investigation by us would find the Council acted with fault in seeking to monitor Miss X’s children.

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Final decision

6. We will not investigate Miss X’s complaint because investigation would be unlikely to lead to a finding of fault.

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Investigator's decision on behalf of the Ombudsman