Summary: We will not investigate this complaint about the actions of the Council in the course of child protection action. This is because there is insufficient evidence of fault on the Council’s part to warrant our intervention.

The complaint

1. The complainant, Miss X, complains about the conduct of the Council’s officers in the course of child protection action relating to her children.

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The Ombudsman’s role and powers

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X complains about the actions of the Council in the course of child protection action relating to her children. Her initial complaint related to the Council’s action on receipt of referrals from her children’s school. Miss X complained that the school and Council’s actions were procedurally flawed, and resulted in her children being unnecessarily taken into care and a Child and Family assessment carried out.
6. The Council’s complaint response shows that three reports were received indicating that Miss X’s children had suffered injuries and identified her as the perpetrator. The Council’s social worker decided to initiate child protection action and the police used their powers to remove the children from her care.
7. The Ombudsman will not investigate these aspects of the complaint. There is no indication of procedural fault. Having received the information, it was appropriate for the school to make the referrals and the Council had a duty to consider them. It was for the social worker to use her professional judgement as to whether an assessment was required. In the absence of evidence of fault in the way she did so, the Ombudsman cannot criticise her decision or intervene to substitute an alternative view
8. It was for the police to decide whether to use their powers to remove the children from Miss X’s care. By law, the Ombudsman cannot consider their actions.
9. Subsequently, the Council completed the assessment and concluded the child protection enquiry. Miss X says she has since made multiple complaints across different teams. She complains that the Council has refused to accept them unless they are combined into one, which she regards as unreasonable. The Council has told her she should complain to the Ombudsman if she disagrees with its decision on how to proceed.
10. The Ombudsman will not criticise the Council’s position. It has not denied Miss X access to the complaint procedure. Rather, it has set out how she can access it. It is for Miss X to decide whether to do so, but there is nothing to suggest that the Council’s approach amounts to fault. There is therefore no role for the Ombudsman.

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Final decision

11. We will not investigate Miss X’s complaint because there is insufficient evidence of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman