London Borough of Merton (18 019 708)
The Ombudsman's final decision:
Summary: Mr F complains about the Council’s handling of a child protection investigation and conference. Mr F and the Council have agreed a settlement. I do not consider further investigation by the Ombudsman would lead to a different outcome.
The complaint
- Mr F complains about the Council’s handling of a child protection investigation. In particular, he complains he had to leave the family home as a result of mistakes made by the Council. He seeks compensation for the costs he incurred and the distress his family suffered as a result.
The Ombudsman’s role and powers
- 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 may decide not to start or continue with an investigation if we believe it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered:
- information provided by Mr F; and
- information provided by the Council.
- I invited Mr F and the Council to comment on my draft decision.
What I found
- The Council conducted a child protection investigation and held a child protection conference in respect of Mr F’s child in December 2018. Mr F complained about the Council’s handling of the case. The Council responded to Mr F’s complaint at both stages of its complaints process. The Council partially upheld Mr F’s complaint. The Council accepted a social worker had misunderstood Mr F’s bail conditions and his family had suffered distress as a result. The Council apologised, agreed to record the complaint findings on the file, and invited Mr F suggest compensation. Mr F was unhappy with the outcome and complained to the Ombudsman.
- Mr F and the Council subsequently agreed a significant compensation payment which the Council has now made.
- I have carefully considered Mr F’s complaint. I do not consider further investigation by the Ombudsman would lead to a different outcome.
Final decision
- I do not consider further investigation by the Ombudsman would lead to a different outcome, so I have ended my investigation.
Investigator's decision on behalf of the Ombudsman