Summary: We will not investigate Miss X’s complaint about the Council’s involvement with her children. This is because any injustice is not significant enough to justify our involvement and it is unlikely an investigation by the Ombudsman would add to the Council’s response or achieve anything more for Miss X.

The complaint

1. Miss X complains the Council failed to provide enough support to enable her children to remain in her care and acted unfairly in its handling of her case. She says the Council did not properly consider her financial and practical limitations and gave inconsistent information about her children’s placement, which she understood to be temporary. She also alleges a social worker made inappropriate comments about her religion. Miss X says the Council’s actions caused her distress, affected her mental health, and damaged her relationship with her children. She would like the Council to apologise, improve its processes and communication, provide financial compensation, and ensure staff receive appropriate training to improve professionalism and conduct.

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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:

• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

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

3. We cannot find that an organisation has breached the Equality Act. However, we can find an organisation at fault for failing to take account of its duties under the Equality Act.

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How I considered this complaint

4. I considered information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complained the Council did not provide the support she needed for her children to live with her. The Council said it had significant concerns about the home environment and considered it harmful to the children’s well-being. It says following conversations Miss X was asked to consider an alternative place for the children to stay while she addressed the home conditions. Miss X decided to take her children to their father’s home until her property reached an acceptable standard. The Council offered Miss X additional support to improve her home environment. Miss X said she needed time to consider this but did not respond to follow-up contact, so the support was withdrawn.
7. Before and after the Child and Family Assessment, Miss X did not allow the social worker access to her home to see what improvements had been made. The Council says Miss X did not respond to further contact or allow additional visits. The Council decided Miss X was no longer engaging and assumed she no longer wanted to work with the social worker.
8. The Council accepted it should have set clearer timescales for Miss X to make the home improvements. However, it made clear to Miss X what changes she needed to make. It also says when Miss X disengaged and it decided to end its support, it should have made greater efforts to engage with Miss X. It apologised for the distress this may have caused, accepted its practice fell below expected standards, and said it would take steps to improve its services. Although, the Council accepts some fault in its actions, any injustice Miss X may have suffered because of this is not significant enough to justify our involvement as she was still aware of what was required.
9. The Council told Miss X the ongoing family arrangement was a private matter between the parents. When the improvements were not made to Miss X’s home the children’s father decided to keep them in his care. The Council advised Miss X she could apply to court if she wished to challenge the arrangement. It apologised if she felt she was treated unfairly, but said its actions were focused on the children’s safety.
10. Miss X alleged the social worker made inappropriate remarks about her religion and acted unprofessionally. There is no evidence of discriminatory behaviour towards Miss X in how the Council has carried out its duties or in its conduct. We cannot investigate complaints about whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.

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Final decision

11. We will not investigate Miss X’s complaint because any injustice she may have suffered is not significant enough to justify our involvement. It is also unlikely an investigation by the Ombudsman would add to the Council’s response or achieve anything more for Miss X.

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Investigator's decision on behalf of the Ombudsman