The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s actions in response to a child protection referral. There is not enough evidence of fault by the Council to warrant investigation.
The complaint
Miss X said the Council failed to share information, lacked professional curiosity, and did not record or request information the person making a child protection referral alleged they received.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Miss X here and in another complaint by Miss X, 21 018 554, against another council.
I considered the Ombudsman’s Assessment Code.
My assessment
Safeguarding duties fall on the council in whose area an alleged matter happens. Miss X does not live in the Royal Borough of Kingston upon Thames’ (the Council’s) area. Therefore, any safeguarding referral concerning the care of her child at home would be considered by the council in whose area she lives. Once it was clear any alleged matters had not taken place in the Council’s area, the role of the Council’s local authority designated officer for child protection (LADO) would be limited to passing on a referral to the correct council. This was because it was not the safeguarding authority.
The LADO had no duty to contact Miss X, or to question the evidence, regardless of the identity of the referrer. Indeed, it would have been fault if it had, given the safeguarding duty belonged to the other council, which could also have considered any issues with the motivation of the referrer. Therefore, its actions in passing on the referral to the correct council were not fault.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault to warrant this.
Investigator's decision on behalf of the Ombudsman