Summary: We have stopped investigating Miss X’s complaint about how the Council dealt with concerns about the safety and wellbeing of her child. An investigation into the parts of the complaint we are not prevented by law from considering is unlikely to find fault and we cannot achieve the outcome Miss X wants.

The complaint

1. Miss X complained about how the Council dealt with a referral from the police about the safety and well-being of her child.
2. She also complained about the Council’s recommendations to court about contact arrangements for the child as part of private law proceedings and the conduct of individual social workers.
3. Miss X says as a result, her child is at risk of harm and distress. She wants the Council to review and amend its recommendations to the court.

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The Ombudsman’s role and powers

4. 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
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
6. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

7. I considered the complaint and the information Miss X and the Council provided.
8. Miss X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Court reports

9. As part of private law proceedings involving children, the court may ask the Council to produce a section 7 or 37 report. The court will then consider the report as part of its decision making.
10. Because section 7 and 37 reports form part of court proceedings, we have no jurisdiction to investigate their preparation or content.

Child in Need

11. Section 17 of the Children Act 1989 says councils must safeguard and promote the welfare of children within their area who are in need.
12. Where a referral is accepted under section 17 the council should complete an assessment within 45 working days. Where the council’s children’s social care decides to provide services, it should develop a child in need plan which sets out which organisations and agencies will provide which services to the child and family. The plan must be kept under review. (Working Together to Safeguard Children) 

What happened

13. In June 2022, the police told the Council about concerns Miss X reported about her child’s safety and wellbeing while in the care of the father, Mr Z.
14. The Council considered the referral and decided the child was a child in need. The Council did an assessment. Miss X disagreed with parts of the assessment. The Council recorded those disagreements in the assessment.
15. Both Miss X and Mr Z agreed to work with the Council under a child in need plan.
16. In May 2023, Miss X, Mr Z, and the Council agreed that all the actions in the plan were complete, except contact arrangements for the child with Mr Z. However, as this was the subject of ongoing private law proceedings, everyone agreed to bring the plan to an end.
17. As part of the private law process, the court asked the Council to prepare a report about the child. Miss X disagrees with what the Council says in its report to the court.

My decision

18. I have decided to stop investigating this complaint.
19. The law says we cannot consider Miss X’s complaint about what the Council says in its report to the court.
20. The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.
21. We can consider how the Council dealt with the referral from the police and the resulting child in need assessment and plan. However, we can stop investigating if we decide it is unlikely an investigation would find fault or we cannot achieve the outcome someone wants.
22. Having seen the assessment and the child in need plan, it is unlikely we would find fault with the Council. Furthermore, the outcome Miss X wants is for the Council to change its recommendations to the court. We cannot achieve this.
23. Therefore, I have stopped investigating this complaint.

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Final decision

24. I stopped investigating. An investigation into the parts of the complaint we are not prevented by law from considering is unlikely to find fault and we cannot achieve the outcome Miss X wants.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman