Summary: We will not investigate this complaint about Miss X’s contact with the Council and its complaints handling. The Council has already investigated under the children’s statutory complaint procedures, and further investigation by us would not lead to a different outcome.

The complaint

1. Miss X said the Council had not fully addressed her substantive concerns after her contact with a Council staff member, after it investigated her complaint through the children’s statutory complaint procedures. Miss X said this caused her distress.

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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 further investigation would not lead to a different outcome. (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. Miss X made a complaint after her contact with Children’s social care. She says a Council staff member improperly contacted her ex‑partner, gave him consent to collect their child from school without carrying out any background checks, and made discriminatory and inaccurate statements about her. The Council considered her complaint through the children’s statutory complaint procedure.
6. Miss X said the Council had not fully resolved her concerns, and she was unhappy with the outcome.
7. The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate
8. I have read the documents from Miss X’s complaint, including the independent Stage Two reports, the Council’s adjudication, the Stage Three Panel report, and the Council’s final response. None of the complaints were upheld at any stage of the statutory investigation process.
9. We are unlikely to find there are any significant flaws in the investigation. The Council’s responses, and the investigation report has considered Miss X’s comments and referred to case records. I am satisfied we are unlikely to find fault in the Council’s investigation of her complaint and further investigation by us, is unlikely to result in a different outcome for Miss X.

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Final decision

10. We will not investigate Miss X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman