Summary: We will not investigate this complaint about the Council’s decision to make Mr X’s child subject to a child protection plan and the Council’s safeguarding involvement with Mr X’s family. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X raised several complaints about the Council’s decision to make his child subject to a child protection plan.

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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.

(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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council after its decision to make his adopted child subject to a child protection plan. He said the Council did not follow correct safeguarding processes and ignored information he provided in his support.
6. The Council investigated the complaint in line with the statutory children’s complaints process and did not uphold any of Mr X’s complaints. Mr X then brought the matter to the Ombudsman.
7. The Ombudsman will not investigate matters that have already been made subject to the statutory children’s complaints process unless there is evidence of a flaw in the council’s decision making. The evidence shows the Council carried out a proportionate investigation after agreeing a complaint summary with Mr X. Mr X’s comments and evidence were referenced in the investigation and clear, detailed reasoning was provided for why his complaints were not upheld. There is no evidence of a flaw in the Council’s investigation and so an investigation would be unlikely to result in finding fault with the Council’s action.

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Final decision

8. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman