Summary: We will not investigate this complaint about the Council’s decision not to accept a complaint about its actions in relation to the complainants’ grandchildren. This is because there is insufficient evidence of fault by the Council and because the complainant does not have authority to complain on behalf of her grandchildren.

The complaint

1. The complainant, who I will call Mrs X, complains about how the Council has dealt with safeguarding concerns that were raised about the care of her grandchildren. She complains that the Council are refusing to consider a complaint made by her.

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The Ombudsman’s role and powers

2. 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))
3. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complained to the Council about how it had dealt with safeguarding concerns that she and her son had raised about the care of Mrs X’s grandchildren. The Council refused to consider Mrs X’s complaint because she did not have parental responsibility for the children and because a separate complaint had been made by her son which the Council were considering. The Council told Mrs X that, with her son’s consent, she could represent him in dealing with his complaint with the Council.
7. We will not investigate Mrs X’s This is because there is insufficient evidence of fault by the Council in its response and explanation to Mrs X. It has clearly explained its reasons why it cannot accept a separate complaint from her.
8. The same requirement regarding parental responsibility and consent apply to this office, and therefore we are unable to investigate the substantive issues raised by Mrs X in her complaint.

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Investigator's decision on behalf of the Ombudsman