Derbyshire County Council (24 000 452)

Category : Children's care services > Child protection

Decision : Closed after initial enquiries

Decision date : 20 May 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s alleged failure to properly investigate Mr X’s complaint regarding its involvement with his family. This is because an investigation would not lead to a different outcome.

The complaint

  1. Mr X complained that the Council disregarded evidence he provided showing bias and unprofessional behaviour on the part of the social workers assigned to work with his family when it investigated his complaint.

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The Ombudsman’s role and powers

  1. 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:
  • 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

  1. I considered information provided by Mr X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X made numerous complaints about the actions of social workers assigned to work with his family as well as the content of a section 47 report.
  2. The Council investigated the complaint in line with the children’s statutory complaints investigations process and spoke with the social workers involved as part of the investigation.
  3. The stage 3 panel concluded the investigation by not upholding the majority of Mr X’s complaints due to lack of evidence. Where the panel found fault, recommendations were made to address any injustice caused. Mr X brought his complaint to Ombudsman shortly afterwards as he remained unhappy with the Council’s actions.
  4. The Ombudsman will not reinvestigate a council’s investigation if the evidence shows the council has conducted the investigation without fault. The Council has interviewed the employees involved and reviewed its records. It has also discussed Mr X’s concerns and challenges to its findings at length and invited Mr X to provide information to support his complaint points. The Council has followed the complaints process and provided thorough, well thought out reasons for its findings. There is no evidence the Council has failed to follow the correct process in arriving at its decision. An investigation into this matter would therefore be unlikely to provide Mr X with a different outcome.

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Final decision

  1. We will not investigate Mr X’s complaint because an investigation would not lead a different outcome.

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Investigator's decision on behalf of the Ombudsman

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