The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s management of risk to the complainant’s daughter and its refusal to consider his complaint about it. There is no evidence of fault on the Council’s part causing the complainant injustice.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council’s management of the risk posed to his daughter was flawed. He further complains that the Council has declined to consider his complaint about its actions during the period at issue.
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 may decide not to start an investigation if 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B’s daughter has been the subject of private law proceedings, in the course of which the Court instructed the Council to produce reports. Mr B complains that, for a specific period beginning with the Court’s instruction, the Council was at fault in the management of the risk posed to his daughter.
The evidence Mr B has provided shows that the Council initially indicated it would consider this matter as a formal complaint. However, it subsequently declined to do so on the basis that the matters at issue were before the Court. Mr B does not accept that the legal action prevents the Council from considering his complaint, or that it was acceptable for it to change its position.
The Ombudsman will not investigate Mr B’s complaint because there is no evidence of fault on the Council’s part causing him an injustice. The Council has not refused to consider Mr B’s complaint. It has declined to do so while the private law proceedings are ongoing. This position is reasonable and defensible and does not deny Mr B the opportunity to have his complaint considered, given that the Council has advised him that he may bring the matter back when the proceedings have concluded. There are no grounds for the Ombudsman to intervene.
Final decision
We will not investigate Mr B’s complaint because there is no evidence of fault on the Council’s part causing injustice to him.
Investigator's decision on behalf of the Ombudsman