Summary: We will not investigate this complaint about the Council’s actions in response to a complaint relating to the welfare of a child. This is because we cannot regard the complainant as a suitable representative for the child in the matters about which she has complained.

The complaint

1. The complainant, Mrs X, complains that the Council has failed to act on concerns raised about the welfare of a child, failed to provide her with relevant documents and failed to act on her request for consideration of her complaint under the statutory procedure for children’s services complaints.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. Mrs X works for a legal firm which has been appointed as Deputy for Property and Affairs for a child by the Court of Protection. In her capacity as case manager for the child, Mrs X complains that the Council has failed to act appropriately in response to concerns professionals have raised concerning the child’s welfare.
6. The correspondence shows that Mrs X has requested that the Council provide her with documents relating to safeguarding, child in need action and education. She made a formal complaint to the Council when these were not provided, which she said fell to be considered under the statutory children’s services complaint procedure. She complains to the Ombudsman that the Council has not initiated the procedure.
7. The Ombudsman will not investigate Mrs X’s complaint. The firm she represents is the child’s deputy for matters relating to her financial affairs. The Court of Protection’s Order does not confer authority to act on the child’s behalf in matters relating to care or education, and it seems that the child’s father retains parental responsibility. That being the case, we cannot regard Mrs X as a suitable representative for the child in the matters complained of.
8. Even if we were to decide that Mrs X was a suitable representative, the care and safeguarding matters she has raised with us would not fall to be investigated because they have not been formally put to the Council as a complaint. The complaint Mrs X has made to the Council relates to the failure to provide documents which do not, on the face of it, relate to the child’s financial affairs. If Mrs X considers that she has the right to these documents, her recourse would be to pursue the matter under data protection legislation. There is no role for the Ombudsman.

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Final decision

9. We will not investigate Mrs X’s complaint because she is not a suitable representative for the child.

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Investigator's decision on behalf of the Ombudsman