The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about how the Council has dealt with his complaint under the statutory children’s complaints procedure. This is because there is insufficient evidence of fault.
The complaint
Mr X complains that the Council has failed to provide him with advocacy, meaning he has been unable to engage with the statutory children’s complaints procedure.
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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council. The Council publishes information about how complainants can contact external organisations who may be able to provide advocacy. It has signposted Mr X to these services and agreed to pause the complaints process until Mr X feels supported. The Council’s actions show that it has had due regard for the Equality Act 2010 when dealing with Mr X.
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