Summary: We will not investigate Mr X’s complaint about a child protection assessment. This is because we could not add to the investigation carried out by the Council or achieve a different outcome.

The complaint

1. Mr X complains about an assessment completed by the Council’s children’s services. Mr X would like the social worker who wrote the assessment to be dismissed.

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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
• we cannot achieve the outcome someone wants.

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

3. We cannot investigate a complaint about the start of court action or what happened in court.

(Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

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

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My assessment

6. Mr X’s child was subject to a child protection enquiry under Section 47 of the Children Act 1989. Mr X subsequently complained about the contents of the Council’s assessment. In its responses, the Council fully addressed each of Mr X’s concerns.
7. We cannot recommend that councils take disciplinary action against staff or remove or amend child protection records. The most we would wish to see is for a note to be added to the file outlining Mr X’s opposing views. The Council agreed to add a copy of Mr X’s complaint about the contents of the assessment to the case records, so this has been achieved. For these reasons investigation by the Ombudsman could not add to the one carried out by the Council or achieve a different outcome.
8. In his complaint to the Ombudsman, Mr X also complained that the Council provided inaccurate information to the Children and Family Court Advisory Service (CAFCASS). These are matters which are being considered in family court proceedings and the law prevents us from becoming involved in matters that are or have been the subject of court proceedings.

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Final decision

9. We will not investigate Mr X’s complaint because further investigation would not add to the one carried out by the Council or achieve a different outcome.

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Investigator's decision on behalf of the Ombudsman