Summary: We have discontinued our investigation. The Council has now agreed to consider Mr X’s concerns under the statutory complaints procedure and will issue a response in line with its data protection obligations. We are satisfied the Council’s proposed action is an appropriate way forward, and further investigation by the Ombudsman is not warranted at this stage.

The complaint

1. Mr X raised a range of concerns about the care of his looked‑after daughters. He complains the Council refused to investigate these concerns under the statutory Children Act complaints procedure.

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The Ombudsman’s role and powers

2. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

3. I considered evidence provided by Mr X and the Council as well as relevant law and guidance.
4. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

5. The following is intended only to provide a brief overview of this complaint.
6. Mr X complains about the Council’s actions in relation to the care of his two looked‑after daughters. He says the Council has not followed the agreed care plan, has not supported his contact with the children, and has failed to communicate with him or provide updates about their welfare. Mr X says gifts and letters were not passed on, he was not informed when one of the children went missing, and that both children have been out of school for an extended period. He also says the complaint process was dismissive and unhelpful.
7. Mr X brought his concerns to the Ombudsman after the Council declined to investigate his complaint under the statutory Children Act complaints procedure. The Council told him it could not progress the complaint without the consent of both children, citing its confidentiality and safeguarding obligations.
8. We wrote to the Council to explain that, under the statutory scheme, a person with parental responsibility may complain without requiring the child’s consent. We invited the Council to begin a Stage 1 investigation and consider how to share its findings appropriately.
9. The Council has now confirmed it will take forward Mr X’s complaint under Stage 1 of the statutory procedure. It says it will issue a redacted response where necessary. The Council maintains that its earlier approach reflected its understanding at the time.

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Decision to discontinue

10. The purpose of our early contact was to ensure the Council considered the complaint under the correct statutory process. The Council has now agreed to do so and will begin a Stage 1 investigation. In these circumstances, it is not necessary or proportionate for the Ombudsman to investigate further.
11. We have not reached any view on the underlying issues Mr X raises about the care of his children or the Council’s handling of those matters. The appropriate forum for those concerns is the statutory complaints procedure.
12. The Council’s agreement to take the complaint forward represents a reasonable and proportionate way to address Mr X’s concerns. The statutory procedure provides an opportunity for the Council to investigate the issues he has raised, consider any shortcomings, and provide a structured response.
13. We consider it appropriate for the statutory complaints process to run its course. The Council will now investigate Mr X’s concerns under the correct procedure, and we do not consider a separate investigation by the Ombudsman is warranted at this stage. Further investigation would not add anything meaningful.
14. Should Mr X remain dissatisfied with the Council’s response once the statutory procedure is complete, he can bring the matter back to the Ombudsman for further consideration.

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Decision

15. We have discontinued our investigation. The Council has now agreed to consider Mr X’s concerns under the statutory complaints procedure and will issue a response in line with its data protection obligations. We are satisfied the Council’s proposed action is an appropriate way forward, and further investigation by the Ombudsman is not warranted at this stage.

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Investigator's decision on behalf of the Ombudsman