Summary: We will not investigate Mrs X’s complaint about the Council’s decision to place her children on a child protection plan. The Council has apologised and offered a small remedy payment for not completing assessments sooner and the impact this had on Mrs X’s family. There is nothing more we could achieve by investigating the matter further.

The complaint

1. Mrs X complains the Council failed to complete timely assessments in preparation for her husband’s release from prison. This meant her husband had to temporarily leave the family home, causing her and her children distress. Mrs X wants the Council staff involved to answer for their poor handling. She does not consider the Council appreciates the impact of its handling.

Back to top

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, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mrs X’s husband, Mr X, was serving a prison sentence for a serious offence. As part of his release, the Council needed to undertake various assessments to ensure the children in the family home were appropriately safeguarded. The Council discovered it had not completed the necessary assessments to assure it was appropriate for Mr X to stay overnight in the family home. The Council convened a strategy meeting and decided to place Mrs and Mr X’s children on a child protection plan while the outstanding assessments were completed.
6. The Council responded to Mrs X’s complaints about the distress and confusion caused to her children by Mr X having to leave the family home. At stage two of the complaint process, the Council met with Mrs X to discuss what had happened and understand the impact on her and her family. The Council apologised it had not completed the assessments sooner. It explained how it would learn from Mrs X’s experience. The Council offered Mrs X a £100 voucher in recognition of the time and trouble taken in making her complaint.
7. Mrs X believes the employees involved should have to answer for their errors in handling. She also believes the Council has not fully appreciated the impact of its poor handling on her family.
8. Our role is to investigate the Council’s actions as a corporate body, rather than to investigate an individual. If Mrs X has concerns about the professionalism or conduct of an individual social worker, she can report her concerns to their professional body, Social Work England. Mrs X has expressed a wish for the Council to take action against individual employees involved. We would not be able to achieve this outcome as any disciplinary actions between the Council and its employees are outside our jurisdiction.
9. The Council’s complaint responses to Mrs X are detailed and thorough. The apology and small payment the Council has offered Mrs X are in line with the remedies we would typically recommend. Because of this, there is nothing more we could achieve by investigating this complaint further.

Back to top

Final decision

10. We will not investigate Mrs X’s complaint because we could not add to the Council’s responses or achieve the outcome wanted.

Back to top

Investigator's decision on behalf of the Ombudsman