Summary: We will not investigate Miss X’s complaint about the Council’s interactions with her in relation to the care of the children she looks after. This is because an investigation would not lead to any further findings. In addition, there are no worthwhile outcomes achievable.

The complaint

1. Miss X looks after two children. She complains about the Council’s interactions with her in relation to her care of the children. The Council investigated her complaint under the statutory children complaints procedure. Miss X is unhappy with the findings made. She also complains the Council has failed to meet with her to discuss her experience with the service as agreed.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(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 Children Act 1989 sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. We call this the “children’s statutory complaints procedure”. The children’s statutory complaints procedure exists to provide children, young people and those acting on their behalf a way to receive a thorough, prompt, and independent response to their concerns. Miss X’s complaints have been considered under this procedure.
6. The findings of the statutory complaints procedure was that all but one of Miss X’s complaints were either not upheld or no finding. One complaint was partially upheld.
7. Some recommendations were made, including:
• Apology for the lack of communication between the various social work teams which led to confusion regarding a doorstep visit.
• Reminder to staff of the importance of following case recording procedures and ensuring information is uploaded and properly recorded.
• Council to meet with Miss X to listen to her experiences of dealing with the Council and to consider what lessons could be learned and incorporated into practice.
8. If a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it unless we consider the investigation was flawed.
9. In this case, I am satisfied there is no evidence the stage two investigation completed was flawed. The investigation report is detailed with a clear rationale provided as to how the decision was reached and the evidence relied on. Likewise for the stage three review panel. Therefore, we would not reinvestigate the substantive matters.
10. Therefore, an investigation is not proportionate as there is nothing further an investigation by the Ombudsman could add, nor are there any worthwhile outcomes achievable.
11. In its stage three adjudication letter, the Council did offer to meet with Miss X to discuss her experience with the service. Miss X complained the Council failed to arrange this, despite her chasing for a meeting. In response to our enquiries, the Council confirmed the service director did offer a meeting in February 2024. However, Miss X did not provide any dates of her availability.
12. Further, the Council said as Miss X had a second complaint being progressed through the statutory complaints procedure, the Council considered it was not appropriate for the director to meet with Miss X until the second complaint was finalised. The Council confirmed the stage three panel had been heard and it was due to issue its adjudication letter. The Council said the director would again offer a meeting with Miss X.

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Final decision

13. We will not investigate Miss X’s complaint because an investigation would not lead to any further findings. In addition, there are no worthwhile outcomes achievable.

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Investigator's decision on behalf of the Ombudsman