The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council failed to act on a safeguarding referral regarding his child. This is because there is insufficient evidence of fault in how the Council decided the matter was not a safeguarding issue. The Council apologised for its poor communication, and further investigation is unlikely to achieve any additional outcome.
The complaint
Mr X complained the Council failed to act on a safeguarding referral regarding his child, Y. Mr X also complained about poor communication from the Council.
Mr X says the matter caused him frustration and uncertainty.
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 could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or there is no worthwhile outcome achievable by our investigation.
(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
Safeguarding referral We will not investigate Mr X’s complaint that the Council failed to act on a safeguarding referral regarding his child, Y.
The Council made enquiries regarding the concerns and determined the matters raised did not present a safeguarding concern. There is insufficient evidence of fault in the process. Therefore, we will not investigate this complaint.
Poor communication In its complaint response to Mr X, the Council accepted it had not communicated with him effectively about the outcome of the referral. It apologised and explained the outcome. It also told Mr X it would remind staff to improve communication to ensure there is no recurrence of the fault.
An investigation by the Ombudsman is unlikely to achieve any additional outcome. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault regarding the primary issue, and further investigation is unlikely to achieve any additional outcome.
Investigator's decision on behalf of the Ombudsman