Devon County Council (24 010 273)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 18 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the content of a report the Council produced. This is because investigation would be unlikely to add anything to the Council’s response or achieve a different outcome.
The complaint
- Ms X complained a social worker misrepresented her son’s circumstances and needs in a child assessment report. Ms X has requested the Council delete the report and carry out a new assessment.
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:
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome, or
- we cannot achieve the outcome someone wants, (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’s response.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has said Ms X’s case is now under a different team. It is therefore likely the Council will carry out a new assessment. The Council has said it cannot delete the existing assessment. But it will keep a copy on its system with Ms X’s comments.
- It is not for us to question the professional judgment of council officers in written reports. The report Ms X is unhappy with will be superseded by a new one. The council’s agreement to retain a copy of the original report with Ms X’s comments is in line with what we would expect. We cannot say the Council should delete the original report.
- If we were to investigate the most we would be likely to recommend would be what the Council has already offered, and a review or re-assessment which will happen anyway in the new team. An investigation would not therefore add anything to the Council’s response or lead to a different outcome.
Final decision
- We will not investigate Ms X’s complaint because it would be unlikely to add anything to the Council’s response or achieve a different outcome.
Investigator's decision on behalf of the Ombudsman