Summary: We will not investigate Mr and Mrs X’s complaint that the Council threatened to take their children into care, wrongly accused them of emotionally harming them, and intervened to prevent child A from returning home. The Council has failed to deal with the complaints but has agreed with the Ombudsman it will do so. Mr and Mrs X may return to the Ombudsman if they disagree with the outcome.

The complaint

1. Mr and Mrs X complain the Council’s social worker:
1. In the summer of 2022 threatened to have their children removed into care. They say this arose in relation to a court case involving Mr X’s daughter who was not a permanent resident with their family.
2. Accused them of emotionally harming their children and referred them to the child protection team. They say there was no reason or evidence for the concerns.
3. Pressured them regarding their son child A, who has disabilities, and intervened so he could not return to their home following a visit to his father.
2. Mr and Mrs X say the social worker caused emotional trauma and stress and harmed Mrs X’s mental health. Mr X says another social worker later apologised and said the first social worker’s actions were wrong.
3. Mr and Mrs X want the Council to apologise and acknowledge that the threat to remove children from their care was wrong. They say the Council should pay compensation.

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The Ombudsman’s role and powers

4. The Ombudsman investigates 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 may decide not to continue with an investigation if we are satisfied with a council’s proposed actions.

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How I considered this complaint

5. I considered information provided by the complainant and the Council. I have discussed the complaint with Mr and Mrs X and the Council by telephone.

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My assessment

6. The Council failed to deal with the above complaints which the family made to them in August and October 2022. The Council is at fault because it delayed dealing with the complaints and the action taken was ineffective. The Council has acknowledged the delay and explained it had staffing problems in relation to the workload. It tells me it has and is recruiting to improve the situation.
7. The Council has agreed to act in accordance with the letter I sent it on 2 February. The letter refers to the key issues raised in Mr X's complaints to the Council.
8. The complaint is not legally ‘premature’ to the Ombudsman. However, I consider it appropriate for the Council to deal with it. The Council needs to ensure it keeps to the complaint procedure time requirements to avoid further delay.

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Agreed action

9. The Council has agreed:
1. It will deal with the complaints via its corporate complaint procedure.
2. It will consider the complaint handling delay and an appropriate remedy as part of the complaint reply.

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Final decision

10. The Ombudsman will not investigate Mr and Mrs X’s complaint the Council without reason threatened to take their children into care, wrongly accused them of emotionally harming them, and intervened to prevent child A from returning home. The Council has failed to deal with the complaints but has agreed with the Ombudsman that it will do so. Mr and Mrs X may return to the Ombudsman if they disagree with the outcome.

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Investigator's decision on behalf of the Ombudsman