Summary: We will not investigate this complaint about the actions of the Council’s children’s services in relation to Child Protection Procedures and support for the complainant’s family. This is because we are unlikely to find evidence of fault in the actions of the Council and we cannot provide the outcomes that the complainant requested.

The complaint

1. The complainant, who I refer to here as Miss A, says that the Council:
• Produced a Family Assessment report which was inaccurate and misleading, and which withheld information with she regarded as relevant;
• Did not provide her or her family with adequate or appropriate support;
• Shared confidential information with the child’s nursery without her consent; and
• Has not dealt with her complaints properly.

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The Ombudsman’s role and powers

2. 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 would find fault, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered the information provided by Miss A and by the Council. I have also sent Miss A a draft decision for her comments.

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What I found

4. Miss A has a child, who lives with Miss A’s mother, due to child protection concerns.
5. In 2019, Miss A complained to the Council about its involvement with her family.
6. She complained about a Child Protection Assessment Report produced by a Social Worker for the Council. Miss A was not happy with the report, as she felt it was incorrect and misleading. She also said that it withheld information which would provide her views of the situation. The Council invited her to discuss any challenges to the report with her social worker. She also has the right to request any factual inaccuracies to be addressed, and for her views on the professional judgements to be added to the records.
7. Miss A further complained that she had not received the support that she needed from the Council, to address her mental health problems and alcohol dependency. Although the Council had offered services, Miss A said they were not suitable and were unlikely to be effective. The Council pointed out that it had assigned her a Community Psychiatric Nurse, and said that she could discuss her concerns regarding the alcohol dependency group with her social worker.
8. Additionally Miss A complained about the Council’s use of its Child Protection procedures in this matter. She felt that the Child Protection Plan was not needed and that her child should be removed from the Register. The Council explained why it had concerns about her ability to keep her child safe, and that it had a duty to take action through Child Protection procedures. It further told her that she had the right to take legal advice on this matter.
9. Miss A also complained that as part of the Child Protection procedures, the Council shared confidential information about the family with her child’s nursery. However, the Council told her that it was necessary for professionals to share information as part of the procedures.
10. The Council responded to the complaint in October 2019, but did not uphold it. Miss A did not respond until Mar 2020. The Council refused her request to take her complaint further as she was outside of the time frame given. However, it agreed to respond informally to her communication.
11. During 2020 the Council continued to meet with Miss A and to discuss and respond to her remaining concerns, including a complaint about her new social worker, and her repeated requests for the Child Protection Plan to be discontinued.
12. In November 2020 the Council refused to agree Miss A’s request for a financial award, or to respond further, and referred Miss A to the LGSCO.
13. We will not investigate the complaint however. This is because we are unlikely to find evidence of fault in the Council’s actions, or to achieve the outcomes of a financial payment and the cessation of the Child Protection Plan.

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Final decision

14. I will not investigate this complaint. This is because we are unlikely to find fault in the Council’s actions and we cannot achieve the outcomes Miss A has requested.

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Investigator's decision on behalf of the Ombudsman