Hertfordshire County Council (20 005 675)

Category : Children's care services > Looked after children

Decision : Closed after initial enquiries

Decision date : 30 Nov 2020

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate this complaint about the care of the complainant’s children, who are looked after. This is because there is nothing further that another investigation could add to that previously carried out by the Council.

The complaint

  1. The complainant, who I refer to here as Mr B, says that the Council:
    • Did not provide him with information relating to restraint techniques used on his daughter;
    • Allowed his children’s religion to be changed by their carers; and
    • Did not ensure that his children’s health needs were properly met.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we could add to any previous investigation by the Council. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I considered the information provided by Mr B and I have sent him a draft decision for his comments.

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What I found

  1. Mr B has two daughters, who are currently looked after. He has been dissatisfied with their care and complained to the Council about certain aspects of it.
  2. Mr B is concerned about the restraint techniques that were use on one of his daughters at a previous placement. He asked the Council for copies of the restraint certificates allowing staff to restrain his daughter, and of her discharge certificate. These have now been provided to Mr B.
  3. Mr B further complained that his daughters’ carers changed their religion. The Council investigate the complaint and upheld it, stating it was due to a misunderstanding. The Council apologised and said it would discuss with the girls whether they wished to be christened into the Church of England. There is nothing that further that another investigation could achieve.
  4. Finally, Mr B raised concerns regarding his daughters’ health needs. Both girls have health issues, and their mental and emotional well being has been affected by the events in their lives.
  5. The Council says that the girls’ health has been kept under review by the statutory health review process, and it has acted on their Health Action Plans. In the stage two complaint response, the Council has outlined the health issues affecting each child in more detail, and explained all the actions taken. Although Mr B says that dermatology referrals have not been made, the Council’s response is clear that the referrals have been made and that it is following them up.
  6. The issues raised by Mr B have been addressed by the Council and I am satisfied that further investigation would not allow the LGSCO to add anything more to the Council’s response.

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Final decision

  1. I will not investigate this complaint. This is because we could not add anything further to the previous investigation and response.

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Investigator's decision on behalf of the Ombudsman

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