The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to the complainant’s concerns about her children’s welfare. This is because there is no evidence of fault on the Council’s part, and investigation would not lead to the outcome the complainant wants.
The complaint
The complainant, Miss X, complains that the Council has failed to address safeguarding concerns about her children.
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, or we cannot achieve the outcome someone wants. (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
Miss X’s children are in the Council’s care. She complains that the Council has failed to take action in response to safeguarding concerns she has raised and has denied her children access to an advocate. To remedy the complaint, she wants a police investigation.
The Council has passed Miss X’s concerns to the children’s social work team, but declined to respond further. It says the children were offered an advocate but declined.
The Ombudsman will not investigate Miss X’s complaint because there is no evidence of fault on the Council’s part. It is for the Council to decide how to respond to safeguarding concerns. Miss X has made repeated allegations over recent years, some of which have resulted in complaints to the Ombudsman. The Council says Miss X’s allegations have been found to have no basis in fact. That being the case, I do not find the Council’s response to her latest concerns to be flawed or disproportionate.
It is also the case that we cannot achieve what Miss X wants. Our intervention would not result in a police investigation. That would be a matter for the police to decide.
Final decision
We will not investigate Miss X’s complaint because there is no evidence of fault on the Council’s part, and investigation would not lead to the outcome she wants.
Investigator's decision on behalf of the Ombudsman