Torbay Council (22 005 201)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 11 Aug 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council failing to involve Ms X in the decision making following her daughter being hospitalised. This is because there is insufficient fault to justify an investigation.
The complaint
- Ms X complains the Council failed to involve her in the decision making following her daughter being hospitalised. She says she was left out of the discharge meeting. She also complains the Council has not encouraged her daughter to have a relationship with her.
The Ombudsman’s role and powers
- 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X’s daughter, C, lives with her father. This living arrangement has been decided by the courts.
- Following an incident, C was hospitalised. The Council completed a single assessment to review C’s circumstances and to decide what support, if any, the Council should provide.
- Ms X was not involved in the single assessment or C’s discharge from hospital. However, C lives with her father and the records clearly show C has expressed a wish to have no contact with her mother currently. C is old enough to express her wishes and views and it is appropriate for the Council to respect these.
- Further, it is not the role of the Council to encourage C to maintain a relationship with Ms X. Again, given C has expressed a wish to have no contact with her mother, it would be inappropriate for the Council to try and persuade or coerce C to have a relationship with Ms X.
- Therefore, I will not investigate this complaint as there is insufficient evidence of injustice to justify an investigation.
Final decision
- We will not investigate Ms X’s complaint because there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman