Summary: We will not investigate Miss X’s complaint about a Council Officer making a referral to Children’s Social Care. Here is not enough evidence of fault to justify our involvement.

The complaint

1. Miss X complained about the actions of a Council Officer who had met her to review her adult social care needs. She said following that review, the Officer had made a referral to Children’s Social Care (CSC) as they had concerns about her child. Miss X said the Officer did not speak to her about those concerns. She also said there was inaccurate information in her assessment. She wants the Council to financially compensate her for what it has done.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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
• 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

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

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My assessment

6. We will not investigate Miss X’s complaint about the Council. Where a professional has concerns about the safeguarding or welfare of a child, they have a responsibility to share these with the relevant children’s services. That is in accordance with the statutory guidance ‘Working together to safeguard children’ (2023).
7. The Council’s response confirms the Council Officer had concerns. Therefore, there is not enough evidence of fault in their decision to share those concerns to justify our involvement. The Council apologised for any inaccuracies in Miss X’s care assessment. It said it had corrected these. It confirmed it had also changed Miss X’s allocated Council Officer. Further investigation by the Ombudsman would not lead to a different outcome.

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Final decision

8. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman