Summary: We will not investigate this complaint about the Council’s decision not to investigate Miss X’s complaint. This is because there is not enough evidence of fault to warrant our involvement.

The complaint

1. Miss X complained the Council declined to respond to her complaint about historic child abuse. She said its decision caused her trauma and prevented her access information. She wants the Council to apologise, provide financial redress, undertake an investigation and provide the information she requested

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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), 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. Miss X complained the Council refused to respond to her complaint. In her initial complaint she asked for an investigation into her historical social care.
6. The Council responded and explained why it would not investigate. It said the records from the late 1980’s and early 1990’s are difficult to read add it could not reliably assess them against current social care practices. It suggested Miss X could seek independent legal advice about any potential social care and safeguarding failings.
7. We will not investigate this complaint. The Council can refuse a complaint if it decides it could not complete a proper investigation. It made its deicion not to investigate and clearly set out its reasons to Miss X. Therefore, there is not enough evidence of fault to warrant our involvement.

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Final decision

8. We will not investigate Miss X’s complaint because there is not enough evidence of fault to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman