The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint. This is because there is no sign of fault in the Council’s decision not to provide her with information without the written consent of a person with parental responsibility for the child the complaint concerns.
The complaint
The complainant, Miss X, complains about the Council’s response to her complaint that it is failing to adequately safeguard her younger sibling.
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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start 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
Miss X complained to the Council that it was failing to adequately safeguard her younger sibling.
The Council told Miss X it had taken her concerns seriously, however it was unable to share any information with her because she does not have parental responsibility for her sibling. It explained Miss X could escalate her complaint if she remained dissatisfied with its response, however it could not provide any further information unless it had the written consent of a person with parental responsibility.
We will not investigate Miss X’s complaint. This is because there is no sign of fault in the Council’s decision not to share information without the written consent of a person with parental responsibility for the child. The same restriction would also apply to a complaint to this office about the substantive matter.
Final decision
We will not investigate Miss X’s complaint because there is no sign of fault in the Council’s decision not to share information with her without the written consent of a person with parental responsibility for the child involved.
Investigator's decision on behalf of the Ombudsman