Torbay Council (23 016 364)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 28 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s involvement with the complainant’s family and poor communication. It is unlikely we could add anything to the Council’s response.
The complaint
- The complainant, whom I shall refer to as Miss X, complained about poor communication from the Council. Miss X’s children mostly live with their father and are subject to Child-in-Need proceedings.
The Ombudsman’s role and powers
- 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
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome, or
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In response to Miss X‘s complaint, the Council said it had completed an outstanding child exploitation toolkit and could share this with Miss X. It explained there were Child-in-Need meetings every six weeks. Miss X did not attend these for personal reasons. The Council said it had contacted Miss X on six recent occasions with updates. It could not therefore accept there had been a lack of communication.
- I recognise Miss X’s concerns but we will not start an investigation into her complaint. This is because the Council has completed the outstanding toolkit which is what Miss X wanted. Miss X says there has not been enough contact; the Council disagrees. Miss X has clear reasons for not attending the Child-in-Need meetings, but there clearly has been contact between Miss X and the Council. Regardless of what prompted this contact, it is unlikely we would be able to say the Council has acted with fault or add anything to its response. An investigation is not therefore appropriate.
Final decision
- We will not investigate Miss X’s complaint because it is unlikely we could add anything to the response she has already received.
Investigator's decision on behalf of the Ombudsman