Summary: We will not investigate X’s complaint about the Council’s involvement with a child. This is because there is no sign of fault in the Council’s decision not to investigate their complaint because X does not have parental responsibility for the child.

The complaint

1. X complains about how the Council dealt with their complaint about the actions of children’s services. X says the Council refused to consider the complaint, delayed responding and gave conflicting information about the complaints process.

Back to top

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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. X raised a complaint with the Council, but it refused to escalate it because X does not have parental responsibility for the child in question.
7. We will not investigate X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider their complaint because they do not have parental responsibility for the child involved. This decision is made in line with the relevant statutory guidance to local authorities on the handling of children’s services complaints.
8. The same restriction would also apply to this office being able to consider the substantive matter. We could only consider it if the complaint was made by, or with the written consent of, a person with parental responsibility for the child and only once they have already completed the Council’s full complaints procedure.
9. I will not investigate other concerns raised about the Council’s handling of X’s complaint. 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.

Back to top

Final decision

10. We will not investigate X’s complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman