Summary: We will not investigate X’s complaint on behalf of Y that the Council failed to consider a complaint under the children’s statutory complaints process. This is because there is insufficient evidence of fault.

The complaint

1. X complained on behalf of a looked after child, Y. X complained the Council refused to accept their non-instructed advocacy complaint under the children’s statutory complaints process.
2. X wants the Council to conduct a children’s statutory complaint investigation.

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The Ombudsman’s role and powers

3. 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))

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How I considered this complaint

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

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My assessment

6. Y is a looked after child. The Council is Y’s corporate parent, sharing parental responsibility with Y’s birth parents.
7. X works as an advocate for a local service. X acted as Y’s appointed advocate several years ago during care proceedings, and in a limited capacity once a Care Order was made.
8. In October 2023 X complained to the Council on behalf of Y. They explained they were acting as a “non-instructed” advocate for Y and raised several concerns about the Council’s corporate parenting of Y. X asked the Council to consider the complaints under the children’s statutory complaints process.
9. In November 2023 the Council responded and told X it would not consider the complaint. It explained:
• Y did not have knowledge of the complaint;
• X was not involved in an on-going capacity with Y and had no relationship with them;
• it would not share more info with X because they were not entitled to it; and
• as Y’s corporate parent, it did not consent for X to have any further contact with Y.

Analysis

10. We will not investigate this complaint. Statutory guidance states the Council has the discretion to decide whether a representative is suitable to act on behalf of a child or has sufficient interest in a child’s welfare to bring a complaint (Getting the Best from Complaints 2006).
11. The Council’s complaint response indicates it decided X did not have sufficient involvement with Y to bring a complaint on their behalf and was therefore not a suitable representative. Consequently, there is insufficient evidence of fault to warrant an investigation by the Ombudsman, and we will not investigate this complaint.

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Final decision

12. We will not investigate X’s complaint because there is insufficient evidence of fault to warrant an investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman