Bournemouth, Christchurch and Poole Council (23 014 620)
Category : Children's care services > Child protection
Decision : Upheld
Decision date : 29 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s management of a safeguarding referral it received involving Mr X’s child Y. This is because the Council has already satisfactorily remedied any injustice Mr X was put to by this matter.
The complaint
- Mr X raised several complaints about the way the Council responded to a safeguarding referral it received regarding Mr X’s child 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
- further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In early 2023 the Council received a referral from Mr X’s child Y’s school indicating Y was at risk of harm.
- The Council decided to carry out a section 17 assessment, which is an assessment used to identify whether a child should be considered a child in need of support and/or safeguarding. The Council opted to close the case several months later when no further action was deemed necessary.
- Mr X complained to the Council about the assessment as well as the way the Council responded to the referral. Amongst other things, he said the Council failed to procure his or his partner’s consent to carry out the assessment and recorded incorrect information about Y in its assessment.
- The Council investigated Mr X’s complaint in line with the Children’s Statutory Complaints Process and upheld the majority of his complaints. The Council recommended an apology, for the incorrect information regarding Y to be removed from the Council’s records and for the Council to ensure it is clear with its communication to parents in future. The Council also offered a £250 goodwill award to recognise the injustice caused, which Mr X accepted.
- Mr X remains unhappy with the situation and has referred the matter to us. The Ombudsman will not reinvestigate complaints which the Council has satisfactorily investigated and dealt with. The evidence shows the Council has carried out a through and well-reasoned investigation into Mr X’s complaints and has put forward proportionate remedies which are in line with the Ombudsman’s approach. An investigation would therefore not achieve anything different for Mr X as the Council has already addressed the injustice he experienced due to this matter.
Final decision
- We will not investigate Mr X’s complaint because the Council has already satisfactorily remedied any injustice Mr X was put to by this matter.
Investigator's decision on behalf of the Ombudsman