The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council providing insufficient support to Ms X and its communication with her daughter. This is because there is not enough evidence of fault by the Council and there is no worthwhile outcome achievable by us investigating.
The complaint
Ms X complained the Council failed to safeguard her and complained about its contact with her daughter (Y) being inappropriate.
Ms X also complained the Council failed to safeguard Y.
Ms X said the Council’s actions led her to have mental health difficulties and caused Y to feel unsupported and fearful.
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, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)).
The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6).
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 Council is providing support to Y as a Child in Need. Ms X complained the Council provided insufficient safeguarding support to her during its contact with Y, when it should have recognised Ms X was in crisis. Ms X said this lack of support led to her condition worsening.
While the Council has acknowledged it could have been more curious about Ms X’s worsening condition when it was providing support to Y, we could not determine any link between its actions and the injustice Ms X claims. Therefore, there is no worthwhile outcome achievable by our involvement.
Ms X also complained about the Council’s communication with Y. Ms X said the contact was inappropriate. Based on the information available, it is unlikely we would find fault for the reasons it was in contact with Y.
Finally, Ms X complained the Council also failed to safeguard Y. We will not investigate this complaint as it is premature. There is no evidence Ms X has exhausted the Council’s complaint procedures about that complaint. Once the Council has fully considered this complaint, if Ms X remains unhappy it is open to her to approach us with a new complaint.
Final decision
We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council and there is no worthwhile outcome achievable.
Investigator's decision on behalf of the Ombudsman