The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council refused to carry out an assessment. This is because there is insufficient evidence of fault by the Council.
The complaint
Mr X complains that the Council refused to carry out an assessment concerning a child.
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council considered a request it received to carry out an assessment and took into account relevant information before making its decision. In responding to Mr X’s complaint, the Council fully explained the reasoning for its decision. There is insufficient evidence of fault in the Council’s actions and in the absence of fault I am unable to question the merits of its decision. For these reasons I will not investigate Mr X’s complaint.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman