Summary: We will not investigate Miss X’s complaint about the Council’s child protection action. This is because it is unlikely we would find fault in the Council’s actions. In addition, we cannot achieve the outcome Miss X wants.

The complaint

1. Miss X complained about how the Council treated her throughout a child protection procedure.
2. Miss X also complained that the Social Worker was unprofessional.
3. Miss X complained that that she has been financially impacted and suffers from anxiety and depression.

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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

7. Miss X complained about the Council’s child protection procedure.
8. Based on the assessments and closing report, signed by a supervisor, the Council kept Miss X informed of the child protection plan and discussed her concerns with Miss X. The evidence suggests it followed its outline plan. Therefore, if we were to investigate it is unlikely we would find fault in the Council’s actions.
9. Miss X also complained about the conduct of her Social Worker. We look at organisational fault, not individual professional competence. Decisions about individual’s fitness to practise or work are for the organisations concerned, and for professional regulators, not the Ombudsman. Therefore, we are unable to achieve the outcome Miss X wants.

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Final decision

10. We will not investigate Miss X’s complaint because it is unlikely we would find fault in the Council’s actions. In addition, we cannot achieve the outcome Miss X wants.

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Investigator's decision on behalf of the Ombudsman