Summary: We will not investigate this complaint about child protection matters. This is because we could not add to the Councils investigation.

The complaint

1. Mr X complained to the Council about how its children’s services dealt with child protection matters concerning his family.

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 organization.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X made a formal complaint which was addressed under the statutory procedure for complaints about children’s services. Most of the complaints points Mr X made were not upheld or a finding could not be reached. The investigation did though find that there had been delays in completing the complaints procedure.
6. The Council fully accepted the findings and most of the recommendations made under the statutory complaint procedure. The statutory procedure is the appropriate route by which to complain about such matters and it is not for the Ombudsman to reinvestigate complaints which have been properly investigated. We will only consider complaints investigated under this process if there is evidence of fault during the process.
7. There is nothing to suggest fault in the way the Investigating Officer and Independent Person considered the complaint at Stage 2. The Investigating Officer’s report is comprehensive and the outcome defensible. Stage 3 provided Mr X with the route by which to challenge the findings. I note that he made representations to the Review Panel, which the record shows it considered. The Council apologised to Mr X for delays considering his complaint and offered him £150 in recognition of the distress this caused him. This is in line with what we’d expect the Council to do in such circumstances. I will therefore not investigate Mr X’s complaint because we could not add to the investigation by the Council.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because we could not add to the investigation carried out by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman