Summary: We will not investigate this complaint about the Council’s children’s services involvement with the complainants family since 2019. This is because we cannot add to the investigation already carried out by the Council.

The complaint

1. The complainant, who I will call Miss C, complains about the Council’s children’s services involvement with her family after that father of her son refused to return him to her care in April 2019.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6))
3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In April 2019, Miss C contacted the Council’s children’s services after the father of her son took him and refused to return him to Miss C’s care. The issue of custody of the child was subsequently considered in several court hearings. The Council provided information during some of these hearings.
7. Miss C complained that the Council failed to support her during this period, failed to safeguard the children, mishandled information, failed to provide share information with the courts and displayed a lack of empathy to Miss C.
8. The complaint was considered under the statutory procedure for children’s services complaints. It completed all three stages of the procedure and was upheld in part. The Council has apologised where it was found to be at fault and has agreed to implement a number of service improvements to avoid the same faults occurring in the future.
9. I will not investigate Miss C’s complaint because there is no prospect that we could add anything significant to the investigation the Council has already carried out. It is not our role to reinvestigate complaints which have already been upheld, or where there is no fault in the way they have been investigated. There is no evidence of fault in the way Miss C’s complaint was investigated under the statutory procedure, and the agreed recommendations are in line with what the Ombudsman would seek to achieve in the circumstances of the case.
10. I cannot investigate any matters relating to the court case as the law does not allow us to investigate matters subject to court proceedings. This includes and any evidence Council officers gave.

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Final decision

11. I will not investigate Miss C’s complaint because we cannot add to the Council’s previous investigation.

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Investigator's decision on behalf of the Ombudsman