Summary: We will not investigate this complaint about the Council’s actions regarding the placement of three children with Ms B and her partner. This is because we would be unable to add anything significant to the investigation the Council has already carried out.

The complaint

1. The complainant, who I will refer to as Ms B, complains that the Council was at fault in its actions and communication regarding the placement of three children with her and her partner.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, 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

6. The Council placed three children in its care with Ms B and her partner. It subsequently removed the children, who were the subject of care proceedings in court.
7. Ms B complained to the Council that it had been at fault in how it had communicated with her and in the support provided to her. She further complained that it provided false information to the court during the care proceedings
8. The complaint was considered under the statutory procedure for children’s services complaints. It completed all three stages of the procedure and was upheld in part. The Council has apologised where it was found to be at fault and has offered a payment of £600 in recognition of this fault.
9. We will not investigate Ms B’s complaint because there is no prospect that we could add anything significant to the investigation the Council has already carried out. It is not our role to reinvestigate complaints which have already been upheld, or where there is no fault in the way they have been investigated. There is no evidence of fault in the way Mrs B’s complaint was investigated under the statutory procedure, and the settlement is in line with what the Ombudsman would seek to achieve in the circumstances of the case.
10. The law would prevent us from investigating any matters relating to the court case. This includes the content of the assessment the Council provided to the court, and any evidence Council officers gave. The law places these matters outside our jurisdiction and we cannot intervene.

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Final decision

11. We will not investigate Ms B’s complaint because we would be unable to add anything significant to the investigation the Council has already carried out.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman