Summary: We will not investigate Mr X’s complaint. This is because there is no sign of fault in the Council’s decision not to accept his complaint because he does not have parental responsibility for the children involved.

The complaint

1. The complainant, Mr X, complains the Council has decided not to consider his complaint about its child protection actions because he does not have parental responsibility for the children involved.

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The Ombudsman’s role and powers

2. 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)
3. 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))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about its child protection involvement with his family.
7. The Council told Mr X it would not consider his complaint because he does not have parental responsibility for the children.
8. We will not investigate this complaint. This is because there is no sign of fault in the Council’s decision not to accept his complaint because he does not have parental responsibility for the children involved. This decision has been made in line with the relevant statutory guidance to local authority children’s services on the handling of complaints. The same restriction would also apply to a complaint to this office about the substantive matter. We would also only be able to consider it if it was made by a person with parental responsibility.

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Final decision

9. We will not investigate Mr X’s complaint because there is no sign of fault in the Council’s decision not to consider his complaint.

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Investigator's decision on behalf of the Ombudsman