Summary: We will not investigate Mr X’s complaint the Council did not include his views in a Children’s Social Care assessment. We could not add to the Council’s investigation.

The complaint

1. Mr X complained about a Social Worker who completed a Children’s Social Care assessment. He said they did not listen to his views and had preconceived ideas about him. He said that resulted in the Council completing a biassed assessment. He said his mental health suffered because of the way the Council treated him. He wants the Council to dismiss the Social Worker from their job.

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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:

• there is not enough evidence of fault to justify investigating, or
• 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. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. At stage two, councils appoint an investigating officer (IO) to look into the complaint and an independent person (IP) who is responsible for overseeing the investigation and ensuring its independence. At stage three, complainants can ask for a review by an independent panel
6. The Council considered Mr X’s complaint through the children’s statutory complaints procedure. At stage two, the Council appointed an IO and IP. The IO discussed the complaint with Mr X, reviewed case records and interviewed relevant staff. They partially upheld part of the complaint around the inclusion of his views in the assessment. They recommended the Council complete a further assessment meeting with Mr X and set out service improvements.
7. Mr X asked the Council to escalate the complaint to stage three. The stage three panel made additional recommendations which the Council agreed to. It also reiterated its offer to Mr X for a further assessment meeting.
8. Although Mr X is unhappy with the outcomes of the Council’s investigation, we will not investigate his complaint. Firstly, where a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate, unless there were any flaws that could call the findings into question. There is no evidence of fault in the Council’s consideration of the complaint, therefore, further investigation by the Ombudsman would not lead to a different outcome. Secondly, Mr X wants the Council to dismiss the Social Worker. That is not an outcome we would achieve.

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Final decision

9. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman