London Borough of Bromley (21 013 206)
Category : Children's care services > Child protection
Decision : Not upheld
Decision date : 23 Jun 2022
The Ombudsman's final decision:
Summary: The Council was not at fault for how it dealt with Ms B’s concerns about her grandson’s welfare. It considered what she said and took the action it considered necessary to establish whether there was a risk to him.
The complaint
- The complainant, whom I refer to as Ms B, complains that the Council failed to properly look into concerns she raised about the welfare of her grandson (who, at the time, was eight years old). I refer to her grandson as C.
- Ms B says C’s social worker pre-judged the situation, accused her of having a vendetta against C’s mother, and made her feel like a liar. She says the social worker also claimed she was wasting the Council’s time.
- Ms B also says C’s social worker did not contact her, invite her to meetings or update her, which meant she could not raise concerns when they arose.
- Ms B says she struggled to contact the social worker’s manager to make the complaint.
The Ombudsman’s role and powers
- 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 an organisation’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)
- 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))
How I considered this complaint
- I considered information from Ms B and the Council. Both had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
- After Ms B complained to the Council – saying broadly what is set out in the opening section of this statement – the Council apologised for the difficulties Ms B had getting hold of C’s social worker’s manager, and provided contact details for future reference.
- The Council said C’s social worker had repeatedly made clear – including in the recent child protection conference report – that Ms B provided excellent support to the family. The social worker considered Ms B a positive influence in C’s life.
- The Council also said C’s social worker looked into the allegations Ms B raised but could not find evidence to substantiate what she had said. It said this did not mean Ms B’s allegations were untrue; simply that they could not be substantiated. The Council said the information Ms B provided remained on file and was not considered a ‘personal vendetta’, as she described it. C’s social worker denied suggesting this, or saying Ms B was wasting her time.
- The Council said it could not provide Ms B with C’s records, because she had no parental responsibility for him and therefore had no right to see them. But, it said, C’s social worker had seen Ms B on a number of occasions, including when she was decorating C’s room, at a child protection conference and at a family group conference. It said social workers do not have the time to routinely contact extended family members to see if they have concerns, but Ms B can contact the social worker directly if she is worried about C.
My findings
- There is clearly a disagreement between Ms B and C’s social worker about what the social worker said to her after she raised concerns about C.
- As I cannot establish exactly what C’s social worker said, I cannot make a finding on this part of Ms B’s complaint. This Council responded to her allegations in full, spoke to the social worker, and explained how, in its view, Ms B was an important part of Y’s life. It also made clear how Ms B could raise concerns in future. There is nothing I can add to what the Council has said.
- I have considered the second part of Ms B’s complaint – about the Council’s failure to properly deal with concerns she raised about C’s welfare – but I cannot disclose the documents I have reviewed or discuss what I have seen.
- Although Ms B is dissatisfied with how the Council acted in response to her concerns, it is not for me to tell a council the level of intervention it must take in a case. That if for the Council to decide, as the safeguarding authority.
- I am, however, satisfied that the Council took Ms B’s allegations seriously and responded in what it considered to be a proportionate way.
- Because of this, I have found no fault with the Council and I have completed my investigation.
Final decision
- The Council was not at fault for how it dealt with Ms B’s concerns about C’s welfare. It considered what she said and took the action it considered necessary to establish whether there was a risk to C.
Investigator's decision on behalf of the Ombudsman