Summary: We will not investigate Mr X’s complaint about his allegation that children services officers forced him to leave the family home for two days. It is unlikely we could achieve more than the service improvement the Council has already made.

The complaint

1. The complainant, whom I shall call Mr X, says the Council’s children services team treated him unfairly which meant he had to leave the family home.

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The Ombudsman’s role and powers

2. 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
• further investigation would not lead to a different outcome. (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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (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.

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My assessment

6. Mr X says the Council’s children services team investigated a safeguarding referral made by a neighbour. This was an allegation that he had harmed his partner’s children to whom he does not have parental responsibility. Mr X says the officers told him he had to leave the family home. He says he was homeless for two days.
7. The Council in reply to this complaint explained that it had no power to force Mr X to leave the home. It says its officers understanding of the conversation which led to Mr X leaving the home is different to his. It said as a result of Mr X’s complaint, there will be discussions with the social work team around ensuring safety planning is clearly understood by all parties.
8. It is unlikely our investigation could achieve more than this. Mr X says there should be better information sharing. Mr X has no legal right to see any information about the children concerned.

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Final decision

9. We will not investigate Mr X’s complaint because it is unlikely we could achieve more than the service improvement already made.

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Investigator's decision on behalf of the Ombudsman