Summary: We will not investigate Mr X’s complaint about the Council’s child protection involvement with him and his family. There is not enough evidence of fault in the Council’s decision-making for us to investigate. We also cannot achieve the outcomes Mr X wants.

The complaint

1. Mr X has made three separate complaints to us about this matter over the last six months, which I have considered together. Mr X complains about the Council’s child protection involvement with him and his family. He believes the Council has failed to provide support and acted on inaccurate information about the risks of harm to his children. He wants the Council to correct it position, dismiss staff and to stop the initial stages of legal action.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating and we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. When we find fault, we can recommend remedies for significant personal injustice, or to prevent future injustice, caused by that fault. 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. (Local Government Act 1974, s26(1) and s26A(1) 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. The Council has responded to Mr X’s complaints about its handling of his children’s case. It has apologised for sending him a report about someone else and for times when its communication with him and his family could have been better.
8. If a council suspects a child has suffered, or is at risk of, significant harm, it may carry out a child protection investigation. If the investigation substantiates the council’s concerns, the next step is a child protection conference, which is a meeting of professionals involved with the child. The conference may decide to place the child on a child protection plan if it concludes the child is at risk of significant harm. This is a plan which sets out what must be done to keep the child safe.
9. If the concerns remain after the child protection plan has been put in place, and are sufficiently serious, the council may want to hold a PLO meeting. PLO stands for Public Law Outline and refers to a procedure the council must follow. The council will send a PLO letter – known as a pre-proceedings letter - to the child’s parent or carer outlining its concerns and inviting the parent or carer to the meeting. The point of the meeting is to discuss the concerns and put a new plan in place to stop them escalating further. If the council is not satisfied that sufficient change has occurred after this, the next step is often family court proceedings. The PLO stage is therefore an indicator that a council has very serious concerns about a child.
10. In this case, the Council has confirmed the children currently living with Mr X are the subject of an ongoing PLO and Child Protection Plans. It has also confirmed it is working with Mr X and his family as the matter progresses. The evidence I have seen shows the Council has provided Mr X with a detailed complaint response which sets out the reasons for its action in relation to his children. We will not reinvestigate a complaint where the Council appears to have conducted a thorough investigation already and we are unlikely to add anything more.
11. We also will not investigate Mr X’s complaint because we cannot achieve the outcomes he wants. We cannot compel the Council to take disciplinary action against specific members of staff, nor do we have the power to intervene to halt ongoing PLO action.

Back to top

Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault and we cannot achieve the outcomes Mr X wants.

Back to top

Investigator's decision on behalf of the Ombudsman