Summary: We will not investigate this complaint about how the Council has dealt with a child protection matter because there is not enough evidence of fault to justify investigating. Also, we cannot achieve the outcome Mr X wants.

The complaint

1. Mr X complained that the Council did not consider his complaint about safeguarding risks to his son under the children’s statutory complaints procedure. Mr X said this caused him distress. Mr X is seeking for his complaint to be dealt with under children’s statutory complaints 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, or
• we cannot achieve the outcome someone wants.

(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. Mr X complained to the Council about how it dealt with safeguarding concerns he raised regarding his son.
6. The Council responded through its corporate complaints’ procedure. It explained why Mr X’s concerns did not meet threshold for immediate safeguarding action but explained what package of support for complex needs would be provided.
7. Mr X asked the Council to provide with a stage two response under the Children’s Act statutory complaints procedure. The Council has explained the complaints raised do not fall under the scope of that procedure.
8. Under section 47 of the Children Act 1989, where a council has reasonable cause to suspect that a child in their area is suffering or is likely to suffer significant harm, it has a duty to make such enquiries as it considers necessary to decide whether to take any action to safeguard or promote the child’s welfare. Such enquiries should be initiated where there are concerns about abuse or neglect.
9. Section 47 of the Act places a duty on agencies, but mainly the council and the police, to make “such enquiries as they consider necessary to enable them to decide whether to take action to safeguard or promote the welfare of a child in their area”.
10. Although Mr X is unhappy with the way the Council has made its enquiries, I have not been provided with sufficient evidence the Council is at fault to warrant an investigation into this.
11. On the complaints process the Council has used, the Council is correct in saying the statutory procedure does not apply to section 47 matters.
12. The Children Act 1989 established the requirement for councils to have a formal representations procedure to deal with complaints about local authority functions under Part 3 of the Act and some sections of Parts 4 and 5. We call this ‘the children’s statutory complaints procedure’.
13. Part 2 of The Children Act 1989 Representations Procedure (England) Regulations 2006 explains which matters are covered by the procedure.
14. Section 47 (child protection) of the Children Act is one of the main children’s areas that does not come under the statutory procedure. Therefore, we cannot achieve the outcome Mr X is seeking.
15. Mr X has also complained about the Council’s handling of his complaint including delays and communication.
16. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

17. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating. Also, we cannot achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman