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

  1. 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.

Back to top

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:
  • 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))

Back to top

How I considered this complaint

  1. I considered information provided by the complainant and the Council’s response.
  2. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

  1. 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.
  2. 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 The report Ms X is unhappy with will be superseded by a new one.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.
  3. 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.

Back to top

Final decision

  1. 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.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings