The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about how the Council considered her safeguarding referral regarding her child because there is insufficient evidence of fault. We will not investigate how the Council considered Miss X’s complaint because the tests in our Assessment Code are not met.
The complaint
Miss X complained the Council failed to: act on her safeguarding referral regarding her child, Y; and consider her complaint through the children’s statutory complaints process.
Miss X said the matter caused her distress and uncertainty.
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Miss X’s complaint about how the Council considered a safeguarding referral she made regarding Y.
In its complaint responses, the Council explained its decision-making and how it decided to close the referral after the initial contact. There is insufficient evidence of fault in how the Council decided to close the referral, and thus we will not investigate this complaint.
Miss X complained about how the Council handled her complaint. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. Consequently, we will not investigate how the Council considered Miss X’s complaint.
Final decision
We will not investigate Miss X’s complaint because there is insufficient evidence of fault and the tests in our Assessment Code are not met.
Investigator's decision on behalf of the Ombudsman