Summary: We will not investigate Mrs X’s complaint about the support the Council provided to her children. The Council has upheld her complaint and provided a suitable remedy. Further investigation would not lead to a different outcome.

The complaint

1. Mrs X complained the Council had failed to review her children’s child in need assessments. She also said there were inaccuracies in existing assessments, that the Council did not provide appropriate support when she was unwell, and that one child, went without the respite provision specified in their child in need plan. Mrs X said the Council’s actions had caused worry and stress. She wants the Council to put appropriate support in place and assess her children’s needs.

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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:

• further investigation would not lead to a different outcome.

(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. The statutory 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. Where a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it.
6. The Council investigated Mrs X’s complaints through the statutory procedure. At stage three it upheld all her complaints and make recommendations to remedy the injustice caused. These recommendations included reviewing the child in needs assessments and making a symbolic payment of £500 the faults identified. As the Council agreed to take appropriate steps to address the faults we will not investigate. That is because further investigation would not lead to a different outcome.

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Final decision

7. We will not investigate Mrs 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