Birmingham City Council (22 018 051)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 20 Apr 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a report for a child protection conference because we would not add anything to the findings of the investigation the Council has already carried out.
The complaint
- The complainant, who I will refer to as Mr X complains that he did not receive a child protection report within the appropriate timescale, and that necessary amendments have not been made to the report.
The Ombudsman’s role and powers
- 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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s children were the subject of child protection action, in the course of which the Council produced a report for consideration by the child protection conference. Mr X complains that he did not receive the report at least two days before the conference, as he should have. He further complains that necessary amendments have not been made to the report. He says the Council’s actions have caused him considerable anxiety and distress.
- The Ombudsman will not investigate Mr X’s complaint because we would not add anything to the investigation the Council has carried out. It has established that the report was not issued to Mr X in time and has apologised. That is a reasonable response to the fault identified and there is nothing further for us to achieve.
- The Ombudsman does not normally ask councils to amend reports retrospectively. This is because their content reflects the council’s understanding at the time they were written. The most we will seek to achieve in these circumstances is that a statement of the complainant’s views is added to the file. The Council has already offered to do this, so our intervention is not warranted.
- If Mr X believes the Council’s assessment contains inaccurate information about him, he may pursue his legal right to rectification. There is no role for the Ombudsman.
Final decision
- We will not investigate Mr X’s complaint because we would not add anything to the findings of the Council’s investigation.
Investigator's decision on behalf of the Ombudsman