The Ombudsman's final decision
Summary: We cannot investigate this complaint that the Council was involved in the police decision to issue a Child Abduction Warning Notice. This is because the decision was not the Council’s responsibility, and the complainant is not in a position to complain about matters relating to the child’s care.
The complaint
The complainant, Mrs X, complains that information from the Council was material to the police decision to issue her with a Child Abduction Warning Notice (CAWN).
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
We cannot investigate a complaint if it is about action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5, Section 26, paragraph 2 as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X says she was issued with a CAWN at the request of the mother of the child concerned. She says the decision to issue the CAWN was unjust, and does nothing to prevent risk to the child.
Mrs X says communication between the police and children’s services was material to the flawed decision to issue the CAWN, which she believes should be rescinded. She believes matters relating to the child’s care should be put before a judge.
The Ombudsman will not investigate Mrs X’s complaint. Mrs X does not hold parental responsibility for the child and is not in a position to complain about matters relating to his care. The decision to issue the CAWN was for the police to make and does not there fall to the Ombudsman to consider. There are no grounds for us to investigate the complaint.
Final decision
We will not investigate Mrs X’s complaint because the decision about which she complains was not the Council’s responsibility, and she is not in a position to complain about matters relating to the child’s care.
Investigator's decision on behalf of the Ombudsman