Summary: We will not investigate this complaint about the actions of the Council’s Children’s Service. That is because further investigation would not lead to a different outcome.

The complaint

1. Miss X complained about the actions of the Council’s Children’s Service after it received an anonymous safeguarding referral. She said its communication with her was poor and it did not include her views in its assessment. She said that assessment contained factually incorrect information. Miss X believes the Council’s actions are a result of institutional racism.

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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:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(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. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. If a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it, unless there were any flaws in the stage two investigation or stage three review panel that could call the findings into question.
6. I am satisfied the Council has properly considered Miss X’s complaints at Stage two and three of the procedure. The Stage two response provides clear reasons on the complaints it did not uphold. These were considered further at Stage three, where the panel upheld a further complaint. I have reviewed the Stage three Panel’s consideration of the other complaints. This includes Miss X’s complaint the Council victimized her, and that she experienced discrimination. There is no evidence of flaws in how these complaints were considered, therefore we will not investigate further. That is because further investigation would not lead to a different outcome. Additionally, we cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. Therefore, we could not reach a finding on Miss X’s complaints about institutional racism, or discrimination.
7. The investigation did find there were failings in the Council’s communication with Miss X and that it did not explain processes to her. There were also issues identified in record keeping and that the number of workers involved contributed to breakdowns in communication. In response to the faults identified, the Council apologised, offered a financial remedy, and agreed to share learning from the complaint with staff. I am satisfied with the steps the Council has taken to remedy the injustice caused. Further investigation by us will not lead to a different outcome.

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Final decision

8. We will not investigate Miss X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman