Summary: We will not investigate Mr X’s complaint about children services actions. It is unlikely we could achieve a significantly different remedy than the Council has already proposed and considered.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council’s children services actions around a child protection case.

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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 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 Mrs X which included the Council’s reply.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council’s child protection team considered Mr X’s family in December 2020 following a school referral. It was alleged the children were out of school. The Council held an Initial Child Protection Conference in December 2020 and the Council adopted a child protection plan. The police made a referral in early February 2021 as Mr X had been charged with actual bodily harm following a domestic abuse incident.
7. The Council held a review child protection conference in March 2021. The Council closed its case in April 2021 following the children’s move out of the Council’s area.
8. Mr X complained about:
• Not receiving a report in advance of the March 2021 conference.
• Being cut off during the March 2021 conference.
• Money missing from his home following his arrest.
• Being advised to apply to court for contact with his children.
• Communication with him and that he feels the officers are playing tricks on him.
9. Mr X’s complaint progressed through all three stages of the Children Act statutory complaints procedure. This has independent oversight at stage two and an independent review panel considering the case at stage three. Mr X’s complaint is not one the Council was legally required to consider within that procedure. Therefore, he has received more independent oversight than is required.
10. Mr X complained to us that he believes the Council did not properly take into account his allegation the children’s mother had removed cash from his home. He said the Council did not help him with contact with his children. He believes officers lied and behaved badly towards him.

Analysis

11. If a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it unless we consider the investigation was flawed. However, we may look at whether a council properly considered the findings and recommendations of the independent investigation.
12. It is unlikely we would achieve any further remedy than recommended by the stage three review panel. Its recommendations included providing:
• Reports by email.
• ‘time outs’ in meetings.
• better information to parents before child protection conferences.
• better information to parents when families transfer council area.
13. We cannot consider Mr X’s contact issues as the courts have considered the contact he should have.

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Final decision

14. We will not investigate Mr X’s complaint because it is unlikely we could achieve a significantly different remedy and we cannot consider his issues with contact with his children.

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Investigator's decision on behalf of the Ombudsman