The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to follow the correct safeguarding process or allow Ms X the opportunity to respond to allegations made by her child Y. This is because we would be unlikely to find fault with the Council’s actions.
The complaint
Ms X complained the Council failed to safeguard her child Y when he decided to live with his father. She also complained the Council did not update her or allow her an opportunity to respond to allegations Y made about her.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council after her child Y, made allegations of abuse against Ms X and moved in with his father, Mr P, with whom Ms X shares parental responsibility.
Mrs X said the Council did not properly investigate the allegations or allow her to respond to them. She also said the Council failed to make sure Y’s new living arrangements were suitable.
The Council confirmed it spoke with Ms X and Mr P several times following the disclosure and found no evidence Y was at risk of harm. The Council gave Ms X advice about what she could do next and explained that custody issues were a matter for the courts.
Ms X wants the Ombudsman to find the Council at fault for how it responded to Y’s disclosure and decision to live with his father. The evidence shows the Council informed Ms X about the allegations and gave her advice and the opportunity to respond to them. Further investigation would be unlikely to result in a finding of fault with the Council’s actions. It is open to Mrs X to pursue contact with Y through the courts.
Final decision
We will not investigate Mrs X’s complaint because we would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman