Gateshead Metropolitan Borough Council (24 005 181)
Category : Children's care services > Child protection
Decision : Not upheld
Decision date : 05 Jun 2025
The Ombudsman's final decision:
Summary: Mr X complained about the actions of the Council in relation to child protection involvement with his family. We ended our investigation because since Mr X complained to us, stage 2 of the children’s statutory complaints procedure had been completed. Mr X was satisfied with the stage 2 outcome and there was nothing worthwhile we could achieve by pursuing this matter further.
The complaint
- Mr X complained about the actions of the Council in relation to child protection involvement with his family. He said the Council implemented an unnecessary child protection plan and shared false and inappropriate information. Mr X complained the Council did not respond to his concerns, use the correct procedures and there was poor complaint handling. Mr X said this caused him mental health issues, distress and anxiety and wanted a different financial remedy.
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 further investigation would not lead to a different outcome, 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 evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
- Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Relevant law and guidance
Children’s statutory complaints procedure
- The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. stage 1: is local resolution, stage 2: is an investigation. If a complainant is unhappy with the outcome of the stage 2 investigation, they can ask for a stage 3 review.
What happened
- Mr X complained about the Council’s response to his child protection concerns and its involvement with his employer. Since Mr X complained to us, a stage 2 investigation under the children’s statutory complaints procedure had been completed. The Council accepted the findings of the investigating officer in full and agreed with the recommendations which upheld parts of Mr X’s complaint and awarded him a greater share of the financial remedy offered at stage 1. The Council provided evidence Mr X was satisfied with the financial outcome of the stage 2 investigation.
Analysis
- Mr X was satisfied with the outcome of the stage 2 children’s statutory complaints procedure. There is nothing further I can achieve by investigating Mr X’s complaint further and I have ended my investigation.
Decision
- I ended my investigation. Since Mr X complained to us, stage 2 of the children’s statutory complaints procedure had been completed. Mr X was satisfied with the outcome. There was nothing worthwhile I could achieve by pursuing this matter further.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman