Summary: We will not investigate Ms X’s complaint about the actions of the Council’s Children’s Social Care service and its response to her request for a change of school placement for her child. An investigation would be unlikely to reach a significantly different outcome and a complaint about her child’s education is premature. It is reasonable for her to complain to the Council about this and give it an opportunity to investigate and reply.

The complaint

1. Ms X complains about the actions of the Council’s Children’s Social Care service. She says it has failed her and her son and its actions have caused distress and affected her family’s health.
2. She also complains the Council has failed to amend her son’s Education, Health and Care (EHC) Plan to name an education placement that meets his needs.
3. She wants the Council to acknowledge its failings, provide suitable compensation for the harm caused, amend the educational placement in her son’s EHC Plan and improve its service.

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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:

• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

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

5. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X made several complaints about the actions of the Council’s children’s services related to safeguarding and child protection matters.
9. The Council upheld most of her complaints. It accepted its practice and decision-making fell short of expectations. It acknowledged its actions had caused her distress and apologised to her for this. It offered her £350 in recognition of the distress caused. It also set out several actions it was taking to learn from her complaint and improve its service.
10. It did not uphold some of her complaints. It said a decision to proceed to a child protection conference in 2024 was a matter of professional opinion based on available evidence at that time, and it had not found evidence to support that its officers made comments that she had alleged.
11. We will not investigate this complaint. The Council has upheld most of her complaints. It has offered a full apology for the upheld parts and £350 which is a suitable remedy for the distress caused and in line with our remedies guidance. It has also acted to improve its service.
12. The Council has explained its reasoning for convening the child protection conference in 2024. Although I accept Ms X does not agree it was needed, this was the professional opinion of those present at that time, so it is unlikely we would find the Council at fault for this decision. An investigation into comments Ms X alleges were made by officers is unlikely to lead to a worthwhile outcome.
13. Ms X also complains her son’s education placement is unsuitable, but the Council has failed to act to amend his EHC Plan or offer him a suitable educational setting. We will not investigate this as this part of the complaint is premature. Ms X has been communicating with the Council about this matter, but I have seen no evidence she has submitted a complaint. If Ms X is dissatisfied with the Council’s actions related to her son’s education, it is open to her to complain to the Council to allow the Council an opportunity to investigate and reply.

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Final decision

14. We will not investigate Ms X’s complaint about the Council’s children’s services because it is unlikely an investigation would lead to a different outcome. A complaint about the Council’s actions related to her child’s education is premature.

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Investigator's decision on behalf of the Ombudsman