The Ombudsman's final decision
Summary: We will not investigate this complaint about child protection action in respect of the complainant’s granddaughter. This is because there is no evidence of fault on the Council’s part.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council has failed to act to safeguard his granddaughter.
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 may decide not to start an investigation if 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B’s granddaughter is the subject of a child protection plan. Mr B complains that the Council has failed to take appropriate action to safeguard her. Specifically, he believes the Council has unreasonably delayed escalating the case to pre-proceedings, despite accepting that the threshold for such action has been met. He argues that the Council has unreasonably prioritised working with the mother over the child’s welfare, and this has left the child at risk.
We will not investigate Mr B’s complaint because there is no evidence of fault on the Council’s part. Mr B has a legitimate interest in his granddaughter’s welfare and he disagrees with the direction the case has taken. The Council’s complaint response explains why it has decided to take the action it has. It is not for the Ombudsman to say which view is correct.
On the face of it, the position the Council has taken is defensible. That being the case, the key question for us is whether there is evidence of significant administrative or procedural fault in the way the Council made its decision. There is no such evidence. In its absence, the Ombudsman may not criticise the professional judgement of officers, or intervene to substitute an alternative view.
Final decision
We will not investigate Mr B’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman