Summary: We will not investigate this complaint about the Council deciding Miss X’s child should be subject to a Child Protection Plan. There is not enough evidence of fault by the Council to warrant investigation.

The complaint

1. Miss X complained the Council had wrongly made her child subject to a Child Protection Plan. She said the child should instead be treated as a child in need.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

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

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My assessment

5. A decision that a child should be subject to a Child Protection Plan is based on professionals taking the view that a child is at risk of significant harm. That harm may be the potential result of neglect of a child’s development by a parent who has no intention to harm the child.
6. Documents provided by Miss X include evidence from the NHS that shows Miss X and her child share a condition. The NHS recorded concerns about the child’s development delay, obesity and behaviour. I have seen no suggestion by the NHS or the Council that Miss X has knowingly done anything to harm her child. Instead, they suggest that Miss X loves her child, and has sought to care for her child to the best of her ability. However, notes left for Miss X as parenting reminders, that she provided to us, taken together with the NHS document, make it clear the Council and other professionals have been worried about Miss X’s basic parenting knowledge. I note Miss X does not share those concerns, and is understandably worried that the Council might decide at some time in the future she may be unable to care properly for her child. But that does not mean the Council was wrong to make her child subject to a Child Protection Plan. The evidence I have seen would mean it was not fault to do so.

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Final decision

7. We will not investigate Miss X’s complaint because there is not enough evidence of fault to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman