Summary: We will not investigate this complaint that the Council was at fault in its involvement with the complainant’s grandchildren. This is because we would not add anything significant to the investigation already carried out under the statutory procedure for complaints about children’s services.

The complaint

1. The complainant, who I will refer to as Mrs X, complains that the Council:

• failed to act to safeguard her grandchildren; and
• was at fault in moving one of the children from foster carers.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X’s grandchildren were removed from their parents’ care and placed with Mrs X and her husband under Section 20 of the Children Act 1989. The parents then removed their consent for the arrangement and the children were returned to their care. Subsequently, the Council obtained care orders and they were placed in foster care.
6. Mrs X complains that the Council failed to safeguard the children in the period before it obtained the orders, and that they came to harm as a result. She further complains that the Council was at fault when one of the children was subsequently removed from her foster placement.
7. Mrs X made a complaint to the Council, which was considered under the statutory procedure for complaints about children’s services. It was upheld in part. The Council accepted the outcome of the procedure and the recommendations made at Stages 2 and 3, including offering the children a financial remedy.
8. The Ombudsman will not investigate Mrs X’s complaint because we would not add anything significant to the investigation which has already been carried out under the statutory procedure.
9. The procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it.
10. There is nothing in the complaint documents to suggest that there were flaws in the Stage 2 investigation or Stage 3 review panel that could call the findings into question. The Council has properly considered the findings and recommendations. Without evidence of fault, there are no grounds for the Ombudsman to intervene to re-investigate the complaint, or to substitute alternative findings. Our intervention is not warranted.

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Final decision

11. We will not investigate Mrs X’s complaint because we would not add anything to the investigation already carried out

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Investigator's decision on behalf of the Ombudsman