Summary: We will not investigate this complaint about how the council dealt with safeguarding concerns because there is insufficient evidence of fault by the Council. We cannot investigate the contents of a social work assessment because it has been considered in court.

The complaint

1. The complainant, who I call Mrs X, complains that the Council took too long to carry out a welfare check when after she reported a safeguarding concern about her child. She also complains that the Council’s subsequent social work report, which was presented to the courts, contained inaccuracies.

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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 there is not enough evidence of fault to justify investigating. (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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Guidance says that when a local authority receives a safeguarding referral, it should make a decision about the next steps and what kind of response is needed. This includes determining if the child needs immediate protection, if urgent action is needed, if the child is in need, and if there is reasonable cause to suspect the child is suffering, or is likely to suffer, significant harm.
7. Once a decision has been made on what action is needed, the guidance says this should be followed by an assessment. Assessments should determine if the child is in need, what kind of services the child needs, and if specialist assessments are needed to help the local authority’s decision-making. The outcomes of an assessment can include no further action, provision of services, or referral to other agencies.
8. I will not investigate Mrs X’s complaint about how the Council responded to the safeguarding concern she raised. This is because it is unlikely we would find fault in how the Council dealt with the matter. The Council worked in partnership with the police, who carried out a visit to the child and reported no concerns. The Council concluded that there was no risk or likely risk of significant harm to warrant any immediate safeguarding actions. Whilst Mrs X disagrees with this decision, this does not mean the Council has done anything wrong, and I see no evidence of fault in how the decision was reached.
9. I cannot investigate the contents of the subsequent social work assessment that the Council carried out. This is because the contents of that assessment have been discussed and considered in court. The law does not allow the Ombudsman to investigate matters that have been subject to court proceedings.

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Final decision

10. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault about how the Council responded to her safeguarding concerns and because the contents of the social work assessment have been considered in court.

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Investigator's decision on behalf of the Ombudsman