Summary: We have discontinued the investigation into Mr X’s complaint about children’s social care conduct. This is because we cannot achieve the outcome Mr X wants.

The complaint

1. Mr X complained about how the Council acted when it carried out an assessment of his family’s needs.
2. Mr X also complained about the Council’s approach to complaint handling.

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The Ombudsman’s role and powers

3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
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 cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.

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How I considered this complaint

6. I considered the complaint and information provided by Mr X and the Council.
7. Mr X and the Council had the opportunity to comment on the draft decision. I considered any comments before making a final decision.

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What I found

Law and guidance

8. Anyone who has concerns about a child’s welfare should make a referral to children’s social care and should do so immediately if there is a concern that the child is suffering significant harm or is likely to do so.
9. The council should make initial enquiries of agencies involved with the child and family, for example, health visitor, GP, schools and nurseries. The information gathering at this stage enables the council to assess the nature and level of any harm the child may be facing.

What happened

10. A referral was received by the Council about Mr X’s children.
11. The Council carried out a children and families needs assessment to determine Mr X’s children’s needs and those of his family.
12. The Council consulted with several agencies.
13. Upon completing the assessment, the Council decided no further action was needed. It was satisfied that everything was in place to support the family.
14. The following year Mr X attempted to make a complaint to the Council. The Council did not accept this complaint. It said this was because it was over 12 months since children’s social care intervention took place.
15. Mr X complained to the Ombudsman.
16. Mr X said he wanted the Council to admit fault in its bias against him and to apologise. He wanted a review of Council policy and procedure.

My findings

17. The Council conducted its assessment in a timely manner.
18. I have seen no evidence to support alleged bias by the Council toward any family member, including Mr X.
19. Mr X’s complaint largely focuses on social work conduct. The Ombudsman cannot investigate social work conduct.
20. We are a publicly funded body and must use resources wisely. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
21. An investigation by the Ombudsman will not achieve the outcomes sought by Mr X. Therefore, the investigation will now be discontinued.

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Final decision

22. I have discontinued this investigation. This is because I cannot achieve the outcome Mr X wants.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman