Summary: We will not investigate Mr X’s complaint that the Council failed to consider his complaint under the statutory children’s complaints procedure. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains that the Council failed to consider his complaint under the statutory children’s complaints procedure. Mr X wants the Council to appoint an independent investigator to consider his complaint, to amend inaccurate records and apologise for the harm caused to him and his family.

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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:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

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

3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), 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. The Council carried out a Section 47 child protection investigation after safeguarding concerns were raised in relation to Mr X’s children. The Council made the decision to call a child protection conference. The outcome of the conference was that Mr X’s children should be subject to a child protection plan.
7. Mr X followed the case conference appeals process and received responses which did not uphold his concerns.
8. Mr X complained to the Council asking it to consider his complaint under the statutory children’s complaints procedure. His complaint included concerns about the decision to place his children on child protection plans, how information was shared prior, and considering during, case conferences and about the contents of the Council’s assessments.
9. The Council refused to consider Mr X’s complaint. It said the issues raised did not fall under the statutory children’s complaints procedure and that Mr X’s concerns had been addressed via the case conference appeals process.
10. I will not investigate Mr X’s complaint about the Council’s decision not to consider his complaint under the statutory children’s complaints procedure. This is because complaints about the actions of a council under Section 47 of the Children Act 1989 (child protection) are not covered under the statutory complaints procedure and therefore there is insufficient evidence of fault by the Council.
11. I will also not investigate the issues raised by Mr X in his complaints to the Council. Some of the issues raised were in relation to the management of the case conferences. These complaints have been addressed under the conference appeals process and there is insufficient evidence of fault in how they were considered.
12. The majority of Mr X’s complaint to the Council was about how it carried out its Section 47 assessments. I will not investigate this element of Mr X’s complaint because doing so would not achieve a worthwhile outcome. Mr X attended the case conferences and provided information prior to the conferences. He therefore had the opportunity to challenge information contained within the Council’s assessments and the recommendations made.
13. If Mr X believes the Council’s assessments contains false information about him, he may pursue his right to rectification. It is then open to him to bring his concerns to the attention of the Information Commissioner’s Office, which is better placed than the Ombudsman to consider them.

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Final decision

14. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman