Summary: We will not investigate this complaint about the actions of the Council’s children’s services. This is because there is either insufficient evidence of fault, further investigation would not lead to a different outcome, or we cannot achieve the outcome that the complainant is seeking.

The complaint

1. Dr X complains about the Council’s children’s services and its involvement with child protection matters concerning her children. Dr X wants those involved to be prevented from working in social work in the future.

Back to top

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

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

3. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. The care arrangements of Dr X’s children have been subject to private court proceedings. The Council were asked by the courts to complete Section 7 and Section 37 reports. The children were subsequently made subject to a Child Protection Plan.
8. Much of Dr X’s complaint concerns the information included in the Council’s reports which were presented to the courts. The contents of these reports are out of our jurisdiction. This is because we are unable to consider complaints about what has happened in court, and this includes the contents of reports provided by councils during proceedings.
9. Dr X complains about the conclusions reached by Social Workers which were then presented in reports submitted to Child Protection Conferences. She also complains about the Council’s decisions to accept recommendations made by the conferences. I will not investigate these matters. These were professional judgements made by qualified professionals, and we cannot question the merits of decisions and judgements in the absence of fault. Whilst Dr X strongly disagrees with the conclusions reached, this does not mean the Council has done anything wrong.
10. The Council did accept that it did not inform Dr X that her children were made Children in Need whilst it commenced the Section 7 assessment. It apologised and put steps in place to ensure the same mistake did not happen again. This is an appropriate and proportionate response and further investigation into this point would not achieve a different outcome.
11. Dr X complained about how an online meeting was held and also about how information shared between the Police and the Council that led to her arrest. I will not investigate these elements of her complaint because we could not add to the Council’s investigation. The Social Workers involved no longer work for the Council, there is no recording of the meeting or the call between the Council and the Police. For these reasons we could not reach a robust conclusion about exactly what happened in regards to these elements of Dr X’s complaint and we could therefore not add to the investigation carried out by the Council.
12. Finally, we cannot achieve the outcome which Dr X seeks. Only Social Work England can decide if social workers should remain on the social work register.

Back to top

Final decision

13. We will not investigate Dr X’s complaint because there is insufficient evidence of fault, further investigation would not lead to a different outcome and we cannot achieve the outcome that she is seeking.

Back to top

Investigator's decision on behalf of the Ombudsman