Wigan Metropolitan Borough Council (20 008 443)

Category : Children's care services > Child protection

Decision : Closed after initial enquiries

Decision date : 25 Jan 2021

The Ombudsman's final decision:

Summary: We will not investigate Ms X’s complaint about a children services assessment. It is unlikely we could achieve a significantly different outcome.

The complaint

  1. The complainant, whom I shall call Ms X, complains about the way the Council assessed her safeguarding concerns about the care of her child, B, whilst in their father’s care.

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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
    • it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I considered the information Ms X provided with her complaint and the Council’s replies to her which it provided. Ms X had the opportunity to comment on a draft version of this decision.

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What I found

  1. In January 2020, Ms X reported that her child, B, had disclosed to her that they may have been harmed and left alone whilst in their father’s care. The Council’s children services team assessed B’s safety. It reported in February 2020 and closed its case.
  2. Ms X complained in April 2020 about the way the officer collated information for their assessment and the assessment content. The Council replied in detail in June. Ms X remained unhappy. The Council sent its final complaint reply in November 2020. It said Ms X’s comments would be placed on the records with the assessment. It apologised for how the assessment had made Ms X feel. It advised Ms X to seek legal advice about the Court order which set out the father’s contact rights.
  3. Ms X says the officer who compiled the report did not spend long enough with them, did not form a bond with B, and mocked her mental health. She felt the officer did not believe her.

Analysis

  1. The Council has no power to alter or change the contact between B and their father. If she wanted the contact order changed, Ms X would need to apply to Court. The Court can decide if it is safe for B to be in their father’s care.
  2. It is unlikely our investigation could achieve more than the detailed Council June reply, the apology and the placing of her comments on the records. The Council’s case is closed. Ms X had wanted a change of officer but that is not needed as no officer is currently allocated to her family.

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Final decision

  1. We will not investigate this complaint. This is because it is unlikely our investigation could achieve anything significantly more than the Council has already provided.

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Investigator's decision on behalf of the Ombudsman

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