Summary: We have upheld Mr X’s complaint about the Council’s decision not to consider his complaint about its actions in its child protection involvement with his family. The Council has agreed to resolve the complaint by providing a proportionate remedy for the injustice caused.

The complaint

1. Mr X complained about the Council’s actions and decisions in its child protection involvement with his family. He says he has been subjected to malicious prosecution due to the combined efforts of the allocated social worker and the police. He says both parents have had their human rights breached. He has asked several times for a different social worker to be allocated to the case but the Council has refused. Mr X says the social worker has a personal vendetta against him and will not be disagreed with. He says no cultural considerations have been made; no actual help has been offered and his children are now subject to action due to the social worker’s lies and bias. No real assessment has been carried out, only judgements.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
3. 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)
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. We will not usually investigate a complaint unless the Council has had a reasonable opportunity to do so first. However, the Council refused to investigate Mr X’s complaint due to ongoing legal proceedings related to his son.
8. If we investigated this complaint it is likely we would find fault by the Council causing injustice. This is because there were no ongoing court proceedings at the time of the Council’s refusal and Mr X does not have a son.
9. We therefore invited the Council to consider remedying the injustice caused by its actions by writing to Mr X either accepting the complaint for consideration or explaining again why it will not do so. The Council agreed to our request.
10. We have seen a draft of the letter which explains the Council is considering the matters raised through the Public Law Outline process. It says Mr X can resubmit his complaint after this is ended, if it remains unresolved.
11. On the information we have seen so far, we are unlikely to find fault with the contents of the Council’s letter because it will now properly explain its decision not to investigate Mr X’s complaint at this time and we cannot consider the merits of the Council’s decision.

Back to top

Agreed action

12. To its credit the Council agreed to resolve the complaint early and it will write to Mr X within one month to put things right.

Back to top

Final decision

13. We have upheld Mr X’s complaint. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X.

Back to top

Investigator's decision on behalf of the Ombudsman