Summary: We will not investigate Mrs X’s complaint about the Council’s child protection investigation because the tests in our Assessment Code are not met.

The complaint

1. Mrs X complained about the Council’s child protection investigation following a referral in November 2025 including:
1. conducting two unannounced visits and calling Mrs X once as part of the referral;
2. failing to adequately explain the reason for social work involvement and home visits; and
3. failing to provide adequate support and adjustments for her child, Y.
2. Mrs X said the matter caused her distress and frustration.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

Section 47 assessment and process

6. Councils have a duty to investigate if there is reasonable cause to suspect that a child in their area is suffering, or is likely to suffer, significant harm. They must decide whether they should take any action to safeguard or promote the child’s welfare. (Children Act 1989, section 47)
7. Under section 47 of the Children Act 1989, where a council has reasonable cause to suspect that a child in their area is suffering or is likely to suffer significant harm, it has a duty to make such enquiries as it considers necessary to decide whether to take any action to safeguard or promote the child’s welfare. Such enquiries should be initiated where there are concerns about abuse or neglect.

Unannounced visits and call to Mrs X

8. Mrs X said the Council conducted unannounced visits and called her by phone despite being signed off from work by her GP. Mrs X felt the Council should have deferred the process to enable her to engage at a later time.
9. When a Council receives a referral that suggests a child may be at risk of significant harm it is obligated to conduct whatever enquiries it considers necessary to enable it to ensure the safety and wellbeing of that child. It is also obligated to complete the enquiries within a statutory timescale which cannot be deferred. These enquiries can include unannounced visits and calls to parents and carers.
10. The process of a child protection enquiry can be intrusive and distressing because of the subject matter and because of its nature. This does not mean the actions of the Council amount to maladministration.
11. We will not investigate this complaint because there is insufficient evidence of fault.

Not explaining the reason for home visits

12. In its complaint response, the Council upheld this complaint because its case notes did not detail that Mrs X was explicitly informed of the purpose and reason of the home visits.
13. We will not investigate this matter because we could not add to the Council’s own investigation.

Failing to provide adequate support for Y

14. As part of its complaint response to Mrs X the Council explained support for Y was not yet established because it was still in the process of assessing Y’s needs.
15. There is insufficient evidence of fault in the Council’s actions to warrant an investigation by the Ombudsman.

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Final decision

16. We will not investigate Mrs X’s complaint because the tests in our Assessment Code are not met.

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Investigator's decision on behalf of the Ombudsman