Summary: We will not investigate this complaint about that the Council is at fault for refusing to cease her child’s Child Protection Plan. This is because we cannot achieve the outcome she wants.

The complaint

1. The complainant, who I will call Ms C, complains that the Council is refusing to cease her child’s Child Protection Plan. Ms C says visits by social workers cause her and her child distress.

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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 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

3. I considered Ms C’s complaint and the Council’s responses.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms C’s child is subject to child protection proceedings and is currently subject to a Child Protection Plan. Ms C complains about visits to her home made by social workers, which she says cause her and her child distress. She wants the Council to cease the plan as she does not consider it necessary.
6. The Council says Ms C will have the opportunity to put her case to the child protection conference in September. The Chair of the conference has considered Ms C’s request to bring the conference forward but has refused because they do not consider this to be in the child’s best interests.
7. We will not investigate Ms C’s complaint because we cannot achieve the outcome she seeks. Investigation by the Ombudsman cannot result in a Child Protection Plan being ceased. Whether to do so will be a decision made by a multi-agency child protection conference. It is not for the Ombudsman to express a view on the matter.

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Final decision

8. We will not investigate Ms C’s complaint because we are unable to achieve the outcome she wants.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman