Summary: An independent investigation upheld some of Ms M’s complaints about contact with her children. The Council accepted the findings and recommendations. Contact has still not taken place, but this is not the result of fault by the Council.

The complaint

1. Ms M complains about lack of contact with her children.
2. Ms M also complains about the children’s contact with their father.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have considered:
• information provided by Ms M;
• information provided by the Council, including the response to Ms M’s complaint at all stages of the statutory children’s complaints process.
5. I have invited Ms M and the Council to comment on my draft decision.

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What I found

6. Ms M’s children are in care. They are looked after by foster carers.
7. Ms M has had direct contact with her children, although not recently.
8. Ms M says she has had difficulty communicating with, and relating to, the children’s social workers in relation to contact and other issues.
9. Ms M complains she has not been kept sufficiently informed or involved in the arrangements for looking after her children. In particular, Ms M complains she has not been involved in regular Looked after Children Reviews. Ms M complains she has not received records of all her contact visits.
10. Ms M has also raised concerns about the suitability of the children’s father to have contact with the children and does not feel her concerns have been properly explored or acted upon.

The Council’s response to Ms M’s complaint

11. The Council considered Ms M’s complaint under the Children Act complaints process. This is a formal procedure, set out in law, which councils must follow to investigate certain types of complaint. It involves:
• the appointment of an independent investigator to prepare a report (Stage 2); and, if the person making the complaint requests
• an independent panel to consider their representations (Stage 3).
12. When a council has investigated a complaint under the Children Act complaints process, the Ombudsman would not normally re-investigate it. We may consider whether a council has properly considered the findings and recommendations of the independent investigator and review panel, and any remedy the Council proposes.
13. The independent investigator carried out a thorough investigation. The independent panel reviewed the investigation and considered what could be done to resolve Ms M’s complaints. They both provided detailed reports of their findings and recommendations, which the Council accepted.
14. I will not repeat their findings here, but broadly speaking, they upheld Ms M’s complaints about her contact with her children, but they did not uphold her complaints about the children’s contact with their father.
15. Both the independent investigator and the review panel approached Ms M’s complaints about contact from the point of view of her children. They noted the children enjoyed contact and considered it was in the children’s interest for there to be more contact in the future. They noted a ‘stalemate’ a had developed following a breakdown in the relationship between Ms M and the Council. They made creative and thoughtful suggestions as to how the Council and Ms M could work to rebuild their relationship and overcome Ms M’s lack of trust so that contact could be restored in the interests of the children. The independent panel chair expressed her hope that the recently appointed social worker would be an opportunity for a fresh start. She urged Ms M to put the past behind her and focus on what is important for the future of her and her children.
16. I am satisfied independent investigator and review panel thoroughly considered Ms M’s complaints and I do not intend to investigate them again. I agree with their findings and recommendations.
17. The Council arranged contact before Christmas as recommended by the independent investigator and review panel, but Ms M did not attend. The Council re-arranged the contact after Christmas, but again Ms M did not attend. The Council offered video contact as Ms M was concerned about coronavirus, but Ms M declined. The Council also invited Ms M to attend the children’s annual looked after child reviews by video, but Ms M did not attend.
18. I am satisfied the Council followed the recommendations of the independent investigator and review panel. It is regrettable that Ms M did not have contact with her children or take part in their reviews, but this is not the result of fault by the Council.

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Final decision

19. I have completed my investigation. An independent investigation upheld some of Ms M’s complaints about contact with her children. The Council accepted the findings and recommendations. Contact has still not taken place, but this is not the result of fault by the Council.

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Investigator's decision on behalf of the Ombudsman