The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision to consider his complaints through its corporate complaints process rather than the children’s statutory process. This is because there is insufficient evidence of fault by the Council to warrant an investigation by the Ombudsman.
The complaint
Mr X complained the Council failed to follow the children’s statutory complaints process and instead responded to him through its corporate complaints process.
Mr X says the matter has caused him frustration.
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 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), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X submitted several complaints to the Council. This included complaints about a child protection core group meeting. A different complaint included concerns about his child, Y, having experienced harm in the care of their mother and the Council’s alleged inaction in response to a safeguarding referral.
The Council considered the complaints through its corporate complaints process. Mr X said the Council should have considered his complaints through the statutory children’s complaints procedure. The Council told Mr X the matters complained about were not covered by the statutory complaints process.
Analysis The children’s statutory complaints process does not cover all aspects of a Council’s children’s services duties. The statutory process does not consider, for example, most child protection matters. This includes matters such as core group meetings, child protection conferences, or child protection investigations.
Mr X’s complaints are about child protection matters, including a core group meeting and a safeguarding referral made to the Council about Y. Therefore, there is insufficient evidence of fault in the Council’s decisions to investigate his complaints through its corporate procedure to warrant an investigation by the Ombudsman.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation by the Ombudsman.
Investigator's decision on behalf of the Ombudsman