Summary: We will not investigate Ms M’s complaint about the care of her daughter because there is nothing we could add to the independent investigation that has already been carried out. There is not enough evidence of fault to justify us investigating Ms M’s complaints. And we cannot achieve the outcome Ms M wants.

The complaint

1. Ms M’s daughter is a looked after child. She lives in a specialist residential placement arranged by the Council. Ms M complains about the care her daughter receives. Ms M wants her daughter home.

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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:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants.

(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 Ms M and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms M made a long and detailed complaint to the Council. I have not included the details here to ensure her anonymity and the anonymity of her daughter.
6. The Council investigated Ms M’s complaint at all three stages of the Children Act complaints process. This is a formal procedure, set out in law, which councils must follow to investigate certain types of complaint. It involves:
• a written response from the Council (Stage 1);
• the appointment of an independent investigator to prepare a report (Stage 2); and, if the person making the complaint requests
• an independent panel to consider their representations (Stage 3).
7. The independent investigator conducted a thorough and detailed investigation. Of the 21 complaints she investigated, she ‘partially upheld’ three. She did not uphold the other complaints. A review panel considered the investigation and was satisfied with the outcome. The Council accepted the findings and recommendations.
8. I have carefully considered the independent investigator’s report.
9. There is nothing we could add to her findings or recommendations.
10. There is not enough evidence of fault to justify us investigating Ms M’s complaints.
11. We could not achieve the outcome Ms M wants.

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Final decision

12. We will not investigate Ms M’s complaint because there is nothing we could add to the independent investigation that has already been carried out. There is not enough evidence of fault to justify us investigating Ms M’s complaints. And we cannot achieve the outcome Ms M wants.

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Investigator's decision on behalf of the Ombudsman