Essex County Council (23 004 634)

Category : Children's care services > Other

Decision : Closed after initial enquiries

Decision date : 08 Aug 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s child and family assessment of Ms X and her child Y. This is because an investigation would not lead to a different outcome for Ms X.

The complaint

  1. Ms X complained the child and family assessment carried out by a Council social worker contained inaccurate and misleading details.
  2. She said she was put to time and trouble by the Council’s actions.

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The Ombudsman’s role and powers

  1. 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 decide:
  • further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by Ms X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Ms X made a self-referral to the Council due to concerns that her child, Y was at risk of harm whilst in her ex-partner’s care.
  2. A Council social worker spent time with Ms X, her ex-partner and her child Y and carried out a child and family assessment. The social worker recorded her impressions of the family dynamic and Ms X’s behaviour and presentation. The Council ultimately decided that Y was not at significant risk of harm.
  3. Ms X was unhappy with the content of the assessment and complained to the Council. She said the social worker referred to her by the wrong name, omitted her religion and made several other inaccurate comments. The Council noted Ms X’s complaint and invited her to provide details she felt were inaccurate so it could amend the report.
  4. Ms X was unhappy with the Council’s response and requested that the Council discipline the social worker in question and provide details of her medical records. The Council explained that there were no grounds to question the social worker’s conduct and it did not have records to return to Ms X.
  5. Ms X remains unhappy with the Council’s actions and wants the Ombudsman to find the Council at fault. Having reviewed the evidence I can see the Council has taken note of Ms X’s concerns about the assessment and invited her to provide details she believes should be changed. These were reasonable actions for the Council to take. I cannot see that Ms X has acted on the Council’s invitation, it is open to her to respond to this. Further, it is not the Ombudsman’s role to instruct the Council how to discipline its staff. An investigation into this matter would not result in a different outcome for Ms X.

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Final decision

  1. We will not investigate Ms X’s complaint because an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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