The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s consideration of a potential child protection matter. There is not enough evidence of fault by the Council to warrant our further involvement.
The complaint
Mr X said the Council failed to act after his child was taken on a car journey before being taken to hospital after an injury as recommended by a doctor.
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 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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The basic facts underlying the complaint are not in dispute. Mr X’s child sustained an injury while playing when in the care of Mr X’s ex-partner. The advice received was that the child would need to be seen by a hospital. The ex-partner then undertook a car journey of about 100 miles before taking the child to hospital the same day.
Mr X says the Council should have found this to be a child protection matter as his ex-partner had not taken the child to the hospital first. Its view was that the actions of the ex-partner were not sufficient to warrant that. That it reached this view after checking what happened, regardless of when it approached the child’s school and doctor, is not a matter of fault. The view it reached was within the range of professional judgement available to it based on the accepted facts. That Mr X disagrees with its interpretation is not evidence of fault.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to warrant our further involvement.
Investigator's decision on behalf of the Ombudsman