Summary: We will not investigate this complaint about how the Council has dealt with the care arrangements of Mrs X’s children. This is because we could not add to the investigation carried out by the Council, or achieve the outcome she seeks.

The complaint

1. Mrs X complains about how the Council has dealt with matters concerning her children who are in care. Mrs X says the Council has failed to follow a reunification plan issued following a care order. Mrs X wants her children returned to her care.

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The Ombudsman’s role and powers

2. 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:

• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X made a formal complaint which was addressed under the statutory procedure for complaints about children’s services. During the three stages of the statutory procedure the complaint was partially upheld.
6. The Council has fully accepted the findings and most of the recommendations made under the statutory complaint procedure. The statutory procedure is the appropriate route by which to complain about such matters and it is not for the Ombudsman to reinvestigate complaints which have been properly investigated. We will only consider complaints investigated under this process if there is evidence of fault during the process.
7. There is nothing to suggest fault in the way the Investigating Officer and Independent Person considered the complaint at Stage 2. The Investigating Officer’s report is comprehensive and the outcome defensible. Stage 3 provided Mrs X with the route by which to challenge the findings. I note that she made representations to the Review Panel, which the record shows it considered. I will therefore not investigate Mrs X’s complaint because we could not add o the investigation by the Council.
8. The Council did not accept a recommendation that it should consider a long-term placement for Mrs X’s children. It said that this was not something it could achieve. I see no evidence of fault with the Council in this regard and this is also something we could not achieve. Only the courts can determine the care of Mrs X’s children and proceedings are ongoing to consider this.

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Final decision

9. We will not investigate Mrs X’s complaint because we could not add to the Council’s investigation, or achieve the outcome she seeks.

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Investigator's decision on behalf of the Ombudsman