Essex County Council (23 007 604)

Category : Children's care services > Other

Decision : Closed after initial enquiries

Decision date : 08 Oct 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s involvement with Mr X’s family. This is because there is not enough evidence of a fault to warrant an investigation.

The complaint

  1. Mr X complained the Council has taken too long to go through the Public Law Outline process, causing unnecessary distress and worry.

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The Ombudsman’s role and powers

  1. 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. (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 Mr X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X complained the Council were taking too long to go though the Public Law Outline process. This started in June 2023 following a child protection conference.
  2. The Council has confirmed it followed the process and the Public Law Outline meeting took place in early September. This was 11 weeks after the child protection conference in June.
  3. The Public Law Outline process takes about 26 weeks. But it can be extended where necessary.
  4. I have not been provided with any evidence the Council has taken longer to progress this matter than it needed to.

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Final decision

  1. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman

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