Kent County Council (20 002 292)

Category : Children's care services > Child protection

Decision : Closed after initial enquiries

Decision date : 21 Dec 2020

The Ombudsman's final decision:

Summary: We will not investigate this complaint about a Children and Families assessment carried out by the Council’s children’s services. This is because we cannot add anything to the Council’s responses and cannot achieve the outcomes the complainant wants.

The complaint

  1. The complainant, who I refer to here as Mr G, says that:
    • A Children and Families assessment carried out by the Council was carried out in an unfair manner, resulting in inaccuracies and distortion of his behaviours. Additionally it did not reflect his views;
    • The social worker who carried it out held discriminatory views of African men;
    • The assessment unfairly included information from the police; and
    • He has not been told what action was taken against the social worker, and did not receive an adequate remedy.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. I considered the information provided by Mr G and by the Council. I have also sent Mr G a draft decision for his comments.

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What I found

  1. A social worker for the Council carried out a Children and Families assessment regarding Mr G’s family. He was dissatisfied with the way the assessment was carried out, as well as the outcome of it, as he felt it was unfair and discriminatory, and did not involve him or reflect his views. He was also unhappy because it included information about him from the police.
  2. The Council partially upheld the complaint, and although it said the information from the police had to be included, it carried out a fresh assessment. Mr G is satisfied with the new assessment, and there is nothing further for us to add to this element of the complaint.
  3. Mr G further complained about the social worker. He felt that she held discriminatory views about African men that she had applied to him. He also felt a personal apology from her for the errors in the original assessment would have been appropriate.
  4. The Council says that it did not find evidence of discriminatory views in the work of the social worker. As the social worker has now in any case left the Council there is nothing that further investigation could add to this.
  5. Mr G remains dissatisfied with the outcome of his complaint, as he says the new assessment is insufficient as a remedy. I do not support his view, as I view the fresh assessment as an appropriate outcome.

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Final decision

  1. I will not investigate this complaint. This is because we could not add anything to the previous investigation by the Council and cannot provide the additional outcomes that Mr G wants.

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Investigator's decision on behalf of the Ombudsman

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