Summary: We will not investigate this complaint about how the Council carried out a stage 2 investigation under the statutory children’s complaint procedure. This is mainly because there is insufficient evidence of fault and we could not add to the Council’s investigation.

The complaint

1. Mr X and Ms Y complain the Council failed to carry out an independent stage 2 investigation under the statutory children’s complaints procedure. They say the Council’s investigation was prejudicial and unprofessional and overlooked serious omissions in the management of Ms Y's children’s care. They want the Council to re-write and re-issue the stage 2 review report to acknowledge malpractice and safeguarding concerns.

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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
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

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

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My assessment

5. The 3 stage statutory children’s complaints process provides children, young people and those involved with their welfare with access to an independent and through response to their concerns. If a Council has investigated something under the statutory children’s complaints process, the Ombudsman will not normally re-investigate it. However, we may look at whether there were any flaws in the stage 2 investigation or stage 3 review panel that could call the findings into question.
6. Mr X and Ms Y’s complaint about the Council’s stage 2 investigation is summarised in paragraph 1 above. Their complaint then moved on to a stage 3 review panel. The review panel found that some elements of the stage 2 investigation could have been handled better and made recommendations to address these. However, the panel did not overturn the stage two investigation’s outcome or consider that any of its findings were unsafe or irrational. Mr X and Ms Y participated in both the stage 2 investigation and the stage 3 review panel and made full representations at both stages.
7. The information we have indicates the investigating officer and independent person were appointed in accordance with the statutory guidance on the children’s complaints procedure and although Mr X and Ms Y have complained those dealing with the complaint showed bias against them there is no evidence to show this was the case. .
8. Overall there is insufficient evidence to show the Council’s statutory children’s complaints process handling may have been so flawed that it warrants us to investigate further. The stage 3 panel reviewed the stage 2 investigation. The panel’s findings and recommendations then set down the issues the Council needed to address. The Council agreed with the findings and has completed all the recommendations made at stages 2 and 3. I recognise that Mr X and Ms Y may disagree with the outcome of the process but this is not evidence of fault.
9. Further investigations of Mr X’s and Ms Y’s complaint by the Ombudsman is therefore unlikely to add to the Council’s response.
10. Mr X and Ms Y have also raised concerns about the conduct of social workers. Our role is to investigate the actions of the Council as a corporate body and not the actions of individual officer. If the complainants have concerns about the professionalism or integrity of individual social workers then it would be reasonable for them to report these concerns to the professional body Social Work England.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council and further investigation is unlikely to add to the Council’s response. There is another body better placed to consider the social worker’s professional conduct.

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Investigator's decision on behalf of the Ombudsman