Summary: We will not investigate this complaint about the Council’s decision to initiate safeguarding proceedings after receiving a referral regarding Miss X and her family. This is because an investigation would not lead to a different outcome for Miss X.

The complaint

1. Miss X complained the Council wrongfully initiated safeguarding proceedings against her after receiving a referral. She also complained about the Council’s investigation into this matter.
2. She said she and her family have been caused distress and upset by the Council’s actions.

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The Ombudsman’s role and powers

3. 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, section 34(B)

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How I considered this complaint

4. I considered information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council became involved with Miss X in 2021 after an incident that took place in her local surgery was witnessed by her children Y and S. The Council decided to begin a section 47 enquiry and the children were made subject to a child protection plan for several months.
7. Miss X complained to the Council about the safeguarding proceedings and the impact it had on her and her family. The Council investigated in line with the statutory children’s complaint’s process and partially upheld aspects of Miss X’s complaint whilst not upholding others. For the partially upheld complaint points the stage 3 panel made several recommendations including retraining for social workers and giving Miss X the opportunity to provide feedback on the service she had received. For the complaint points it did not uphold, the panel explained why it had not upheld them and cited the evidence used to come to this conclusion.
8. Miss X remains unhappy with the situation and wants us to find the Council at fault. The Ombudsman will not reinvestigate a matter which the Council has previously investigated, provided the investigation has been conducted correctly. The evidence shows the Council has considered Miss X’s complaint points and thoroughly investigated them. Where the Council has identified fault within its process it has addressed the injustice caused by the fault with specific and proportionate recommendations. The Council has provided a report that is detailed and well evidenced and I am therefore satisfied the Council has carried out an effective statutory children’s investigation. An investigation would therefore not be a good use of resources as it would not provide a different outcome.

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Final decision

9. We will not investigate Miss X’s complaint because an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman