Summary: We will not investigate Ms M’s complaint about the support she received from the Council under a child protection plan because there is not enough evidence of fault, and we cannot achieve the outcome she wants.

The complaint

1. Ms M’s children were subjects of a child protection plan. Ms M was unhappy with the social worker. She says she felt “unsupported, misunderstood and, at times, judged.” She wanted the child protection plan to end.

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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, or
• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants.

(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. The Council had concerns for Ms M’s children. I have not included the details to ensure their anonymity. The Council made the children subjects of a child protection plan. Ms M was unhappy with the support she received from a social worker. She said she felt judged and unsupported. She complained to the Council.
6. The Council acknowledged Ms M’s concerns and explained the steps it was taking to support Ms M. At the time, the Council was not happy with the progress Ms M and the children were making. The Council said it had consulted its legal team and was progressing to “pre-proceedings”. This is a formal process the Council must follow when it’s concerns for the children have not been addressed and it is considering care proceedings in court. When this happens, parents are entitled to free legal advice.
7. The Council was following a formal procedure in response to its concerns about Ms M’s children. There is not enough evidence of fault to justify an investigation by us. There is nothing we could add to the Council’s response. We cannot achieve the outcome Ms M wants.

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Final decision

8. We will not investigate Ms M’s complaint because there is not enough evidence of fault to justify an investigation, and we cannot achieve the outcome Ms M wants.

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Investigator's decision on behalf of the Ombudsman