Summary: We will not investigate Mr X’s complaint about children services actions. It is unlikely we could add to the Council’s resolution.

The complaint

1. The complainant, whom I shall call Mr X, complains about children services actions.

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The Ombudsman’s role and powers

2. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
3. We investigate 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 continue an investigation if we decide:
• we could not add to any previous investigation by the organisation, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. I considered Mr X’s comments on a draft version of this decision.

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My assessment

7. Mr X says that a Council children services social worker produced an inaccurate assessment of his family. He said that a Child Protection Conference (CPC) recommended a child protection plan because of this assessment.
8. If, following a referral and an assessment by a social worker, a multi-agency strategy meeting decides the concerns are substantiated and the child is likely to suffer significant harm, the Council convenes a CPC.
9. The CPC decides what action is needed to safeguard the child. This may include a recommendation the child should be supported by a Child Protection Plan.
10. After the Initial CPC, there will be one or more Review CPC to consider progress on action taken to safeguard the child and whether the Child Protection Plan should be maintained, amended, or ended.
11. The CPC is a multi-agency body and is not in itself a body in the Ombudsman's jurisdiction.
12. The CPC plays an advisory role. But the final decision, for example whether to place a child on a Child Protection Plan or to end a Plan, is the responsibility of the Council. We would generally consider it right for a council to follow the recommendations of the CPC unless there was good reason not to.
13. The Council held a review conference in February 2022. Mr X says it decided the passage of time since the first CPC meant a child in need plan was now more appropriate. Mr X is unhappy with this. He wants a ruling the Child Protection Plan was unnecessary and only happened because of the assessment which he says is flawed.
14. Mr X complained to us that the Council had not replied to his complaints properly. We asked the Council to do so. It met with Mr X twice and sent a written reply to his complaint in mid January 2022. It agreed to produce a new family assessment. Mr X had said the original was inaccurate.
15. The Council says Mr X agreed to this as a resolution to his complaint.
16. It is unlikely we could add to this. If an assessment is flawed, then our usual recommendation is a new assessment. In addition, Mr X has the right to ask records are ‘rectified’. This means any factual inaccuracies are corrected. If the Council refuses to do so, he can complain to the Information Commissioner’s Office (ICO). Parliament set up the ICO to consider data protection disputes which includes ‘right to rectification’ disputes. The ICO is better placed than us to consider if the Council should change its records particularly because there are complex exemptions for child protection case files.
17. We cannot investigate the CPC’s decisions. It is unlikely our investigation could decide the first CPC was unnecessary given the review CPC’s decision.
18. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

19. We will not investigate this complaint. This is because it is unlikely we could significantly add to the Council’s resolution.

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Investigator's decision on behalf of the Ombudsman