Poole Borough Council (18 015 873)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 18 Sep 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint about the Council’s interventions in respect of the complainants’ children. This is because there is no worthwhile outcome that we can achieve through further investigation.
The complaint
- The complainants, who I refer to here as Ms M and Mr N, say that the Council:
- Did not explain or carry out Child in Need interventions properly in respect of their children; and
- Unnecessarily started Child Protection proceedings and placed the children on a Child Protection plan.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
- it is unlikely we could add to any previous investigation by the Council, or
- we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered the information provided by Ms M and Mr N, and I have sent them as draft decision for their comments.
What I found
- Ms M and Mr N have two children. Following concerns raised about the children’s exceptionally low school attendance and resulting social isolation, the Council began Child in Need (CIN) interventions, and later placed the children on a Child Protection (CP) plan.
- Ms M and Mr N complained that the Council did not explain adequately the reasons for the CIN interventions, and did not follow the correct process. This complaint was upheld by the Council. It has apologised to Ms M and Mr N and has undertaken to review its procedures.
- Ms M and Mr N further complained that the Council should not have initiated a CP plan. As part of this complaint they said that a Council officer accused Ms M of sleeping with the children.
- The Council considered the Council officer’s alleged accusation, and concluded that although this may not have been the intention, the language used was unclear. It has apologised to Ms M, and there is nothing further that we could achieve through additional investigation.
- The stage 3 panel did not uphold the complaint regarding the initiation of a CP plan, as it said there was clear evidence that the triggers were met. We will not investigate this matter as where the Council has considered all the relevant evidence and made a decision without fault, we cannot question the merits of that decision.
Final decision
- I will not investigate this complaint. This is because there is no worthwhile outcome that we could achieve.
Investigator's decision on behalf of the Ombudsman