The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s children services team failing to carry out a risk assessment on Mr X. It is unlikely we would find fault or that he has been caused any significant injustice.
The complaint
The complainant, whom I shall call Mr X, says the Council’s children services team has failed to carry out a risk assessment on him.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant which included the Council’s reply to him.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he understood a court order ten years ago had banned him from being in contact with under18s unsupervised. He says he understood the Council had to carry out a risk assessment. He says the Council has failed to do so. He says that recently a family member who lives in another area wanted him to have contact with their children. He also says he has contact with a person under 18 whose parent is a friend of his. He is concerned he is breaching the order.
Mr X says he does not have the court order. He says he has never had it. He says he understood this ‘verbatim’. The Council says it does not have the Court order on its records. It does not believe it had to carry out such a risk assessment.
It is unlikely our investigation could find any Council fault in not carrying out a risk assessment as there is no evidence it had to. Also, there is insignificant injustice caused to Mr X by the fault he alleges.
Final decision
We will not investigate Mr X’s complaint because it is unlikely we would find the Council is at fault for not assessing Mr X, nor that it has caused him any significant injustice.
Investigator's decision on behalf of the Ombudsman