Summary: We will not investigate Mrs X’s complaint about a child protection investigation because the Council has responded appropriately and there is nothing we could add by further investigation.

The complaint

1. Mrs X complains about a child protection investigation undertaken by the Council. She says the investigation was unlawful.
2. She says the investigation had a negative impact on her relationship with her partner and affected both of their mental health.
3. She is unhappy with the Council’s apology and the payment it offered which she says does not cover the cost of counselling she and her partner have required since the Council’s involvement.

Back to top

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:

• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

7. The Council held a strategy discussion and conduced a child protection investigation. I have not included the details here to protect Mrs X’s anonymity.
8. Mrs X complained to the Council. She set out in detail why she was unhappy with the Council’s actions. The Council responded to her concerns.
9. The Council accepted it could have responded differently and could have avoided the need for a child protection investigation. The Council acknowledged that it could have concluded its involvement more quickly. The Council apologised, explained the action it was taking to learn from its mistakes, and offered a symbolic payment to Mrs X.
10. Mrs X is unhappy with the apology and the payment offered.
11. I am satisfied the Council responded appropriately to Mrs X’s complaint. Its complaint response was detailed. It acknowledged the impact of the Council’s actions on Mrs X. It explained what the Council would do to avoid similar mistakes in the future. The payment offered by the Council is in line with our published guidance. We do not recommend payments in the way a court might award damages, for example to fund counselling. There is nothing more we could add by further investigation.

Back to top

Final decision

12. We will not investigate Mrs X’s complaint because the Council has responded appropriately and there is nothing more we could add.

Back to top

Investigator's decision on behalf of the Ombudsman