Summary: We will not investigate this complaint that the Council was at fault in the course of child protection action. There is insufficient evidence of fault on the Council’s part to warrant investigation.

The complaint

1. The complainant, Miss X, complains that the Council was at fault in the course of child protection action relating to her daughter.

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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’s daughter has been the subject of child protection action. Miss X complains that the Council’s officers have been at fault, in that they have based the action on inaccuracies, used past events against her, and shared information about her inappropriately.
6. Miss X says the Council has threatened her with legal action regarding the care of her daughter. In her view, the Council’s actions amount to bullying and harassment. She wants her daughters case closed.
7. The evidence shows that the case has been open since the Council received a referral in August 2025. When it received the referral, the Council had a duty to consider the proper response. It took the view that it was appropriate to take action to protect the child and a child protection plan was subsequently put in place. It is not for the Ombudsman to express a view on whether this was the correct course of action. That is a matter for the Council and the Child Protection Conference.
8. Miss X disagrees with the action the Council took. But that does not mean it amounts to fault. The records of the children and family assessments show that social workers considered the circumstances of the case and made defensible decisions. There is no evidence of significant fault in the way they did so. That being the case, the Ombudsman cannot criticise the decisions the Council made, or intervene to substitute an alternative view. There is insufficient evidence for us to conclude that the Council has been at fault.
9. If Miss X believes the Council’s records still contain inaccurate information about her, she may use her right to rectification. If she believes the Council has misused her personal information, she may wish to bring her concerns to the attention of the Information Commissioner’s Office. There is no role for the Ombudsman in either case.

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Final decision

10. 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