Summary: The Ombudsman will not investigate Mr and Mrs X’s complaint about the child protection intervention of the Council’s social worker during a hospital visit the day after the birth of their child. Mr and Mrs X could have complained much sooner. It is not a good use of limited public resources to investigate now.

The complaint

1. Mr and Mrs X complain that the Council’s social worker acted wrongly and caused distress when she visited Mrs X in hospital when she had just had surgery following the birth of their child. The social worker threatened to take their child into care or to involve the police if they did not cooperate. The Council pressured them to live with a relative who was a risk and later bullied them and assaulted Mr X. They want the social worker sacked.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

3. I have considered Mr X’s information, comments and reply to my draft decision statement. The information Mr X’s written complaint to the Council and a record of telephone calls in April 2019. I have considered information from Mr X’s last complaint to this office (19007684).

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What I found

4. Early in 2019, the Council’s social worker visited Mrs X in hospital. Mr X says this was the day after the birth and the Council imposed a child protection plan. Mr X says the Council’s social worker failed to consider the risks that the grandparent might pose to the family. He says some information had been given about the relative in the previous year but not followed up. He says a few months after the birth he told the Council that the relative had bullied them and assaulted him.
5. The Council says the social worker suggested the family go to a parent and child unit. The parents did not want to do so. There was a discharge planning meeting in which no concerns were raised with the idea of living with the relative. Once Mr X reported the problems a move was made to the baby unit. The Council says it has no record that the social worker threatened the family with the police or care.
6. In August 2019 Mr X complained to the Ombudsman about the social worker and contact arrangements for his child who was in Council care (Care Order). He wanted the social worker sacked. He did not complain about events surrounding the birth of his child.
7. Mr X’s complaint form to the Council says his child is in care.

Analysis

8. I will not investigate this complaint for the following reasons:
1. Mr and Mrs X have delayed nearly 11 months in complaining about what happened in hospital. If they felt there was significant injustice they should have raised it when Mr X complained to this office last summer. That complaint was also about the actions of the social worker. Mr X did not complain to the Council until January this year. It is not a good use of limited public resources to investigate now.
2. I understand the Council took care proceedings and Mr & Mrs X’s daughter is in its care. There is no reason for the Ombudsman to consider the safeguarding actions in relation to the welfare of the child.
3. If Mr X was assaulted that is a matter for the police and the courts.

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Final decision

9. The Ombudsman will not investigate Mr and Mrs X’s complaint about the child protection intervention of the Council’s social worker during a hospital visit the day after the birth of their child. Mr and Mrs X could have complained much sooner. It is not a good use of limited public resources to investigate now.

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Investigator's decision on behalf of the Ombudsman