The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider her complaint because she does not have parental responsibility for the children involved.
The complaint
The complainant, whom I shall call Mrs X, complains about the Council’s decision not to consider her complaint about the care and welfare of her friend’s grandchildren.
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 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) We do not start 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))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained to the Council about matters relating to the care and welfare of her friend’s grandchildren The Council told Mrs X it could not consider her complaint via its complaints procedure. This is because she does not have parental responsibility for the children and she is not entitled to receive information about its decision making in relation to the children.
We will not investigate Mrs X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider her complaint because she does not have parental responsibility for the children involved. The Council’s decision has been made in line with the relevant statutory guidance to local authorities on the handling of childrens services complaints. The same restriction also applies to this office in considering the substantive matter. We would only consider it with the written consent of a person with parental responsibility for the children.
Final decision
We will not investigate Mrs X’s complaint because there is no sign of fault by the Council in its decision not to consider her complaint.
Investigator's decision on behalf of the Ombudsman