Summary: We will not investigate Mr and Mrs X’s complaint about the Council’s handling of their child’s case before and after they adopted him. This is because an investigation would not lead to any further findings or outcomes. In addition, we cannot achieve the outcomes they want.

The complaint

1. Mr and Mrs X complained about the Council’s handling of their child’s case before and after they adopted him. They complained, amongst other matters:
• The Council failed to protect the child.
• The child’s records contained inaccurate information
• The Council failed to consider all relevant information during safeguarding enquiries.
• The Council inappropriately suspended Mrs X from fostering for 18 months.
• The Council discriminated against Mr and Mrs X as adoptive parents and foster carers.
• The Council failed to provide them with support in relation to domestic violence incidents involving their child.
• Delay in processing a special guardianship order

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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 an investigation if we decide:

• 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.

(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. Mr and Mrs X’s complaint was investigated by the Council under the statutory children’s complaint procedure. This is a three-stage procedure for councils to follow when looking at complaints about children’s social care services.
6. A stage two investigation was completed by an independent investigator and independent person. The stage two report upheld, or partially upheld, most of the complaint points.
7. Mr and Mrs X asked the stage three review panel to consider the Council’s adjudication response to the stage two findings, rather than to review the complaints that had not been upheld or partially upheld. The review panel acknowledged the findings and the impact the faults have had on Mr and Mrs X.
8. The stage three panel recognised the Council had offered Mr and Mrs X a symbolic payment of £1000 for the distress caused and the significant impact on the family. A symbolic payment of £500 was also offered for the time and trouble in pursing the complaint.
9. The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it. However, we may look at whether there were any flaws in the stage two investigation or stage three review panel that could call the findings into question.
10. I have reviewed the stage two investigation report, and stage three review panel findings and I am satisfied there is no evidence to suggest there were any flaws that could call the findings into question. Therefore, the findings made must stand. For this reason, any investigation by us would not lead to any further findings.
11. We can consider whether appropriate remedies have been offered considering the findings made. In this case, I am satisfied the remedies offered by the Council were in line with our guidance on remedies. Therefore, an investigation would not lead to any further recommendations or remedies.
12. Finally, I note that Mr and Mrs X wish to receive compensation to put right the matter. I am satisfied this outcome is best pursued in court as we do not recommend compensation in the same way the courts can. In addition, they are unhappy that no social worker has been investigated or disciplined. We cannot make recommendations for the Council to discipline social workers as this is considered an employment matter. Therefore, an investigation is not justified as we cannot achieve the outcomes Mr and Mrs X want.

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Final decision

13. We will not investigate Mr and Mrs X’s complaint because an investigation would not lead to any further findings or outcomes. In addition, we cannot achieve the outcomes they want.

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Investigator's decision on behalf of the Ombudsman