London Borough of Bromley (24 018 557)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 01 Apr 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council making Miss X’s children subject to a child protection plan. There is not enough evidence of fault in the way the Council reached the decision to warrant investigation.
The complaint
- Miss X said the Council brushed aside what she said about her child’s school. She said the Council did not document the injuries her child caused to family members, or accept that the child’s condition meant the child would always blame the other person when the child had done something wrong.
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 there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In response to the complaint, the Council stated it received a referral from the child’s school. It stated there was a medical examination of the child that confirmed the child’s account that the injuries found were non-accidental. The Council’s response also stated that whether the child had lashed out first did not affect the fact that the child had been harmed.
- Child protection is not focussed on matters of guilt or innocence of adults, but on reducing or eliminating risk of serious harm to children. Given the result of the medical examination, the Council could decide to make children in the family home subject to child protection plans. Such plans create duties for the Council to assist the family, as well as requiring adults in the home to co-operate.
Final decision
- We will not investigate Miss X’s complaint because there is not enough evidence of fault in the way the Council reached the decision to warrant our further involvement.
Investigator's decision on behalf of the Ombudsman