Summary: We will not investigate Ms X’s complaint about the Council’s decision not to allocate a specific social worker or the Council’s decision to maintain a child protection plan. We cannot achieve the outcome Ms X wants for part of the complaint, and there is insufficient evidence of fault in the reminder to warrant investigation.

The complaint

1. Ms X complained the Council:
1. refused to allocate a social worker from its children with disabilities team to work with her child, Y; and
2. failed to consider Y’s disabilities as reasons for Y’s non-attendance at school within Y’s child protection plan.
2. Ms X said the matter caused her frustration and distress.
3. Ms X wants the Council to allocate a social worker from its children with disabilities team to work with Y.

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The Ombudsman’s role and powers

4. 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
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

Background

7. Ms X’s child, Y, has disabilities and is supported by the Council under a child protection plan. The Council has noted concerns about Y’s school attendance.
8. A social worker from the Council’s area team is allocated to Y.

Analysis

9. We will not investigate Ms X’s complaint that the Council refused to allocate a social worker from its children with disabilities team to Y.
10. This is because the Council’s duty to support Y as a “child in need” is met by virtue of a social worker being allocated. The Council does not have to provide a specific social worker from a specific team to meet this duty. The Ombudsman cannot instruct the Council to allocate a specific social worker from a particular team to work with Y. Therefore, we will not investigate this complaint.
11. We will not investigate Ms X’s complaint about the Council’s decision to maintain Y’s child protection plan and its consideration of Y’s disabilities as mitigating reasons for school non-attendance.
12. This is because in its complaint responses the Council explained the reason Y was on a child protection plan and about the Council’s ongoing concerns regarding their school attendance. If the Council considers a child is at risk of significant harm, it is open to the Council to maintain a child protection plan and identify specific outcomes to reduce those concerns.
13. Consequently, there is insufficient evidence of fault in this process to warrant our involvement, and we will not investigate this complaint.

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Final decision

14. We will not investigate part of Ms X’s complaint because we cannot achieve the outcome she wants. We will not investigate the remainder because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman