Summary: We will not investigate this complaint about child protection. This is because the Council has agreed to investigate using the appropriate statutory process.

The complaint

1. Ms X complained that the Council did not complete a safeguarding or risk assessment.
2. Ms X said that it has caused distress, impacted her work and her son’s education.
3. Ms X wants the Council to complete a risk assessment and provide her son with consistent support.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

7. Ms X complained the Council had not completed appropriate risk assessment or safeguarding reviews relating to her son. She said this has impacted both her and her sons welfare.
8. The law sets out a three-stage procedure for councils to follow when looking at complaints about certain children’s social care services. This includes complaints about support for children in need. Councils must use the procedure where they receive a complaint about a matter that falls under the scope of the procedure.
9. The Council responded to Ms X’s complaint using its two stage corporate complaints process. We would have expected that it used the three-stage statutory three stage complaints procedure to respond to Ms X’s complaint.
10. If we were to investigate this complaint, it is likely that we would find fault that caused Ms X injustice because the Council did not follow the appropriate statutory process when it responded to her complaint.

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Agreed action

11. The Council agreed to resolve Ms X’s complaint by taking the following action within four-weeks of our final decision:
1. Begin the statutory procedure without further delay by starting a stage two investigation into Ms X’s complaint.
2. Write to Ms X and provide the appropriate information about the next steps available to her and explain that she can complain to the Ombudsman after completing the statutory complaints process.

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Investigator's decision on behalf of the Ombudsman