Summary: We will not investigate this complaint about the Council making Miss X’s children subject to child protection plans. Investigation by us would not lead to the outcome Miss X is seeking.

The complaint

1. Miss X said the Council had subjected her to a child protection process despite knowing the information was false. She wanted the process halted until the truth was established.

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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:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council decided Miss X’s children needed to be subject to child protection plans. It had concerns about the condition of the family home and its effect on the children. The correspondence Miss X supplied shows this was a decision the Council was entitled to reach. That the Council accepted a social worker could have been more sympathetic does not mean it was wrong to reach the decision that there was a risk of harm. Investigation by us would not lead to a recommendation to end the child protection process.
6. Regarding matters that are strictly to do with the accuracy of data, the Information Commisioner’s Office (ICO) would be better placed than us as it has powers to require rectification and impose penalties that we lack.

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Final decision

7. We will not investigate Miss X’s complaint because:

• There is not enough evidence of fault in the way the Council reached its decision to warrant our further involvement; and
• Investigation by us would not lead to the outcome Miss X is seeking, or to a different outcome.

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Investigator's decision on behalf of the Ombudsman