Summary: We will not investigate this complaint that the Council has failed to act to safeguard a child in its care. This is because we cannot achieve the outcomes the complainant wants.

The complaint

1. The complainant, Ms X, complains that the Council has been at fault in its care of her daughter and has unreasonably refused to accept her complaint about its actions.

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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 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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The complainant, Ms X, complains that the Council’s social worker and social work team have failed to act in her daughter’s interests and have failed to address significant safeguarding concerns. She says the social worker should be removed from the case and a new team appointed. Ms X further complains that the Council has declined to accept a complaint from her.
6. The Ombudsman will not investigate Ms X complaint because we cannot achieve the outcomes she wants. It is for the Council to decide which of its officers it allocates to work on Ms X’s daughter’s case, not the Ombudsman. We cannot ask the Council to change the responsible social worker or social work team. If Ms X has concerns about a social worker’s professional practice, she may wish to bring them to the attention of Social Work England
7. At the point at which Ms X complained to the Council her daughter was subject to an Interim Care Order and care proceedings were ongoing. In such circumstances, the Council had the right to decide not to accept a complaint, and the Ombudsman will not criticise it for doing so. It was open to Ms X to bring her concerns about her daughter’s welfare to the attention of the court during the proceedings. She may also bring her complaint back to the council when proceedings have concluded.

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Final decision

8. We will not investigate Ms X’s complaint because we cannot achieve the outcomes she is seeking.

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Investigator's decision on behalf of the Ombudsman