The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s response to safeguarding matters relating to her niece. This is because there is no sign of fault in the Council’s decision not to investigate her complaint because she does not have parental responsibility for her niece.
The complaint
Ms X complains the Council did not act appropriately to investigate concerns raised about the safety of her niece and did not follow its own procedure when she tried to escalate her concerns.
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 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council that it failed to act on information and carry out an appropriate safeguarding assessment in response to concerns raised about her niece. She also complained it failed to follow its complaints procedure when she tried to escalate her concerns.
The Council told Ms X it could not investigate her complaint because she does not have parental responsibility for her niece. It explained it can only accept and consider complaints where the person making the complaint has parental responsibility for the child in question. It signposted Ms X to this office if she was dissatisfied with its decision.
We will not investigate Ms X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider her complaint because she does not have parental responsibility for the child involved. This decision is made in line with the relevant statutory guidance to local authorities on the handling of children’s services complaints. The same restriction would also apply to this office being able to consider the substantive matter. We could only consider it if the complaint was made by, or with the written consent of, a person with parental responsibility for the child and only once they have already completed the Council’s full complaints procedure.
Final decision
We will not investigate Ms X’s complaint because there is no sign of fault in the Council’s decision not to consider her complaint.
Investigator's decision on behalf of the Ombudsman