Summary: We will not investigate this complaint that the Council has failed to act in the complainant’s grandchildren’s interests in the course of child protection action, and has unreasonably refused to accept her complaint. This is because there is insufficient evidence of fault on the Council’s part to warrant investigation.

The complaint

1. The complainant, Ms X, complains that the Council has failed to act in her grandchildren’s interests in the course of child protection action and has unreasonably refused to accept her formal complaint.

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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)

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How I considered this complaint

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

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My assessment

5. Ms X is the grandmother of two children who are the subject of child protection plans. She complains that the Council’s actions have amounted to neglect. She says it has failed to act to improve the children’s lives and breached the confidentiality of one of the children.
6. Ms X made a complaint to the Council setting out her disagreement with its actions and requesting a review of the case. She complains that the Council has refused to accept the complaint on the grounds that she does not have parental responsibility for the children.
7. The Ombudsman will not investigate Ms X’s complaint because there is insufficient evidence of fault on the Council’s part. Ms X does not have parental responsibility for the children, and is not acting on behalf of someone who has. That being the case, the information the Council would be able to share with her is limited.
8. The Council’s response to Ms X’s complaint properly sets out the limitations on its engagement with someone who does not have parental responsibility. It also says that it has considered Ms X’s views and has acted where appropriate. The Council’s position is reasonable and defensible. That being the case, there are no grounds for the Ombudsman to criticise it, and no basis on which to investigate Ms X’s complaint.

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Final decision

9. We will not investigate Ms X’s complaint because there is insufficient evidence of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman