Essex County Council (23 014 001)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 17 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s alleged failure to follow the correct process in relation to a child protection hearing. This is because an investigation would not lead to a worthwhile outcome.
The complaint
- Mrs X complained the Council failed to follow the correct process when it held a child protection conference regarding her children S and Y.
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 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
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- A child protection conference was held following an incident involving Mrs X’s child Y, to discuss whether further action was necessary.
- Following the conference, Mrs X complained she did not receive required reports in time for meetings, the chair of the conference was biased and information regarding the incident was incorrectly described in Council records.
- The Council investigated Mrs X’s complaints and agreed it had not provided the required information ahead of meetings and apologised for this. The Council also said it would include this as a training point for social workers attending conferences in future.
- The Council did not uphold Mrs X’s other complaint points finding that the chair had carried out their role correctly and there was no evidence to support Mrs X’s other complaint points. Despite this the Council agreed that a new chair would head upcoming conferences due to the concerns Mrs X expressed.
- Mrs X remains unhappy with the situation and wants us to find the Council at fault. The evidence shows the Council has investigated Mrs X’s complaint points and has not found cause to uphold most of them. Having reviewed the complaint I consider it unlikely an investigation into this matter would achieve anything worthwhile due to the subjective nature of Mrs X’s complaints. The Council has taken action in relation to the complaint which is proportionate and addresses some of the issues raised. These were reasonable actions for the Council to take.
Final decision
- We will not investigate Mrs X’s complaint because an investigation would not lead to a worthwhile outcome.
Investigator's decision on behalf of the Ombudsman