Summary: We will not investigate Ms X’s complaint about child protection action taken by the Council. We have already decided a complaint by Ms X about this matter. The remaining points of complaint considered by the Council since our decision are not substantively different and do not warrant investigation.

The complaint

1. Ms X said the Council was at fault in the way it carried out a child protection investigation, and it should not have done so. She said this caused distress to her family.

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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. Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read Ms X’s complaint and our decision in case 19 013 624. I gave Ms X an opportunity to comment on a draft decision.

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What I found

4. Ms X complained to us. We issued a decision in January 2020. The decision was that we would not investigate the complaint because it was unlikely we would find fault.
5. The Council continued to consider Ms X’s complaint after our decision, eventually deciding to continue with five points it felt were not covered by our decision in case 19 013 624. While the Council could choose to do so, that does not bind us to take the same course now the Council has completed its consideration. In my view, each of the points the Council investigated is clearly linked to the substantive matter, which is the Council’s child protection work. There is insufficient evidence of fault separable from the matters, that we have already decided, to warrant investigation.

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Final decision

6. We will not investigate this complaint. This is because there is insufficient evidence of fault separable from matters, that we have already decided, to warrant investigation.

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Investigator's decision on behalf of the Ombudsman