Summary: We will not investigate this complaint about child protection action relating to the complainant’s family. This is because we cannot add anything significant to the investigation which has been carried out under the statutory procedure for children’s services complaints and cannot achieve the outcome the complainant wants.

The complaint

1. The complainant, who I will refer to as Miss X, complains that the Council was at fault in the course of child protection action relating to her family.

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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 we could not add to any previous investigation by the organisation, or we cannot achieve the outcome someone wants. (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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X’s family has been the subject of child protection action. Miss X complains that the Council’s social workers were at fault throughout the process. Specifically, she complains that her concerns were not listened to or taken into account. She argues that the child protection process was flawed and that, as a result, safeguarding concerns were not acted on and her children were subject to child protection plans for longer than necessary.
6. Miss X further complains about her son’s placement in a hostel. She complains that the accommodation was inappropriate and was away from her son’s support network. She says the Council failed to act on her complaints that her confidentiality was breached and that a camera was placed in her son’s bedroom.
7. Miss X’s complaint has completed the three stages of the statutory procedure for complaints about children’s services. It has been upheld in part. The Council has accepted all recommendations made at Stages 2 and 3 of the procedure. It has apologised and offered Miss X a symbolic payment in recognition of the fault identified during the investigation.
8. Miss X has rejected the findings of the complaint procedure. She says she will only be satisfied if the matter is examined by a judge.
9. The Ombudsman will not investigate Miss X’s complaint. The complaint documents indicate that the matter has been properly investigated under the statutory procedure. The findings are reasonable and defensible in the circumstances of the case and the Council has accepted them. That being the case, it is not for the Ombudsman to criticise the findings, or intervene to substitute an alternative view.
10. It is also the case that we cannot achieve the outcome Miss X wants. The Ombudsman has no power to ask a court to consider the complaint. It is for Miss X to take the matter to court if she wishes.

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Final decision

11. We will not investigate Miss X’s complaint because we cannot add anything to the investigation which has been carried out and cannot achieve the outcome she wants.

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Investigator's decision on behalf of the Ombudsman