The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to Ms X’s report of safeguarding concerns within its children’s services. Ms X has not suffered a direct personal injustice and there is another body better placed to consider this complaint.
The complaint
Ms X complains the Council has not taken appropriate action following her reports of safeguarding concerns related to staff working within its children’s services. She wants the Council to remove the staff from their roles.
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: any fault has not caused direct injustice to the person who complained, or there is another body better placed to consider this complaint.
(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
Ms X reported safeguarding concerns to the Council related to staff working within its children’s services. The Council investigated her concerns under its whistleblowing policy.
The Council completed an initial investigation into the allegations. It said it did not find any evidence that would warrant further action. It closed the investigation and informed Ms X of its findings.
We will not investigate this complaint. Our role is to consider complaints where the person complaining to us has suffered a direct personal injustice resulting from the actions or inactions of the Council. This is not the case here and so we are not best placed to consider Ms X’s concerns.
If Ms X is dissatisfied with the Council’s response, she can approach an appropriate prescribed body with her concerns. Prescribed bodies have oversight and regulatory functions related to specific service sectors. We are not a prescribed body.
In this case, she could raise her concerns with Ofsted. Ofsted have regulatory oversight of children’s social care in England and their role includes working to ensure children’s services are safe and suitable for children and potentially vulnerable young people. Ofsted, or another prescribed body with oversight of children’s services, is better placed to consider this complaint.
Final decision
We will not investigate Ms X’s complaint because she has not suffered a direct personal injustice and there is another body better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman