Summary: We will not investigate this complaint about the Council’s failure to assess the complainant’s children’s needs and refusal to accept his subsequent complaint. There is insufficient evidence of fault on the Council’s part to warrant investigation.

The complaint

1. The complainant, Mr X, complains that the Council is at fault in failing to assess his children’s needs and refusing to consider his complaint on behalf of his children under the statutory children’s services complaint procedure.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X and his family live in temporary accommodation in the area of another authority. Mr X says the accommodation is unsuitable. He has unsuccessfully applied for housing to a district council in the Council’s area. He says the district council decided that his family’s current housing situation is unsuitable but referred him back to his home authority.
6. Mr X contends that the fact that the district council determined that his children are living in unsuitable conditions means the Council must take action under Section 17 of the Children Act 1989 to assess whether services should be provided to them. He complains that it has not done so, and that it has declined to consider his subsequent complaint under the statutory procedure for complaints about children’s services.
7. The Ombudsman will not investigate Mr X’s complaint because there is no indication of fault on the Council’s part. Section 17 puts a duty on the Council with respect to children within their area. Mr X’s children are not within the Council’s area, so the fact that the Council has not assessed them does not amount to fault. There is no basis for the Council to accept a complaint from Mr X as there is no action or omission on its part which is capable of being complained about.

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Final decision

8. We will not investigate Mr X’s complaint because there is no indication of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman