Summary: We will not investigate this complaint that the Council was at fault in delaying the complainant’s children’s referral for therapy and in its response to her son’s disclosures. This is because investigation would not add anything significant to the response the Council has already made.

The complaint

1. The complainant, Mrs X, complains that the Council:

• delayed her children’s referral to sexual trauma therapy without her consent; and
• failed to act in response to disclosures made by her son.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. Mrs X says the Council agreed to make a referral for her children to attend therapy for sexual trauma. She complains that it decided to place the referral on hold without telling her or gaining her agreement. She says this has delayed the children’s access to therapy.
6. Mrs X further complains that her son’s previous social worker failed to act on disclosures her son made. She says her son was told the matters were historical, and that there was no need to report them to the police.
7. The Council’s response to Mrs X’s complaint shows that a senior officer met with her to explore the issues she had raised and apologise for the Council’s failings. The response explained why the Council had decided it was appropriate to place the referral on hold, and set out how the Council was currently working with Mrs X’s family.
8. The Council accepted that its response to Mrs X’s son’s disclosures was flawed. It has apologised and said that it had now initiated a safeguarding enquiry under section 47 of the Children Act 1989,
9. The Ombudsman will not investigate Mrs X’s complaint because we would add nothing significant to the response she has already received. The final complaint response accepts that there was fault on the Council’s part and apologises for that. The response, and the action the Council is now taking, appear reasonable and proportionate in the circumstances of the case and there is nothing significant to be gained from our intervention.

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Final decision

10. We will not investigate Mrs X’s complaint because investigation would achieve nothing significant.

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Investigator's decision on behalf of the Ombudsman