Summary: We will not investigate this complaint about poor professional practice in Children’s Social Care. That is because further investigation will not lead to a different outcome and there is a different body best placed to consider it.

The complaint

1. Ms X’s complaint to the Council was made as part of a group complaint in 2022. That complaint focused on the culture within Children’s Social Care and the actions of Council Officers involved in the complainants’ cases. It also related to concerns about how the Council had dealt with Subject Access Requests (SARs).
2. The complainants are not satisfied with the outcome of the Council’s response to their complaint. They said they had not seen the evidence on which the Independent Investigator based their opinions, and the complaint report did not set out the competing evidence considered.
3. As part of Ms X’s representations, Ms X said the Council had failed to follow a Court Order and did not arrange contact between her family and her siblings’ child, who was in care.

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The Ombudsman’s role and powers

4. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council appointed an Independent Investigator to investigate the themes of the group complaint around professional practice and the quality of its contact centre. The investigation did not find evidence to support the allegations around poor professional conduct or that Council Officers were not properly supervised. However, it upheld complaints around the contact centre. It found the contact centre did not use strengths-based practice and was not transparent in feedback it gave to parents. The Independent Investigator made recommendations to the Council. The Council said it is implementing service improvements.
8. We will not investigate the complaints about wider practice further. The Council has investigated and taken steps to address concerns where identified. Further investigation by the Ombudsman would not lead to a different outcome. In addition, the Office for Standard in Education, Children’s Services and Skills (OFSTED) inspects children’s services. It is best placed to consider the wider thematic concerns about the Council’s social work practice.
9. We will also not investigate any complaints about how the Council has dealt with SARs. The Information Commissioner’s Office (ICO) considers complaints around how organisations respond to requests for personal information.
10. Ms X has previously complained to us about the Council failing to follow the Court Order and address her complaint. We issued a decision in June 2022, asking the Council to consider Ms X’s concerns through stage two of the Statutory Complaints procedure. Ms X can bring any concerns to us separately about the Council’s subsequent handling of that complaint.

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Final decision

11. We will not investigate Ms X’s complaint because further investigation will not lead to a different outcome and there is a different body best placed to consider it.

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Investigator's decision on behalf of the Ombudsman