Summary: We will not investigate Miss X’s complaint the Council has not adequately investigated her complaints regarding children social services and their decision to proceed with section 47 child protection enquiries. This is because an investigation would not lead to any further findings or worthwhile outcomes.

The complaint

1. Miss X complains the Council has not adequately investigated her complaints regarding children social services and their decision to proceed with section 47 child protection enquiries.

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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 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
• there is no worthwhile outcome achievable by our investigation.

(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 Children Act 1989 sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. We call this the children statutory complaints procedure. The Council considered Miss X’s complaint through this procedure.
6. The children’s statutory complaints procedure exists to provide children, young people and those acting on their behalf a way to receive a thorough, prompt and independent response to their concerns.
7. Therefore, if a council has investigated something under the statutory procedure, we would not normally re-investigate it unless we consider the investigation was flawed. However, we may look at whether a council properly considered the findings and recommendations of the independent investigation.
8. In this case, I have reviewed both the stage two independent investigation report and the stage three review panel findings. I note there is no evidence the process followed was flaw as Miss X’s concerns were appropriately considered. The stage two investigation was also detailed and covered all points of Miss X’s complaints. Therefore, I am satisfied both stage two and three were completed appropriately.
9. Where the statutory process has been completed appropriately, the findings made must stand.
10. I have considered whether an investigation would lead to any further recommendations. I note the Council offered a financial payment of £500 to acknowledge the time and trouble and stress caused to Miss X by some of the faults that were partially upheld. This remedy is in line with our guidance on remedies and I don’t consider an investigation would lead to any further recommendations.
11. Further, the Council has agreed to add an addendum to the case file to highlight Miss X’s views that the health service provided inaccurate information in the initial referral. This is appropriate in the circumstances given the disagreement over the initial referral.
12. Therefore, we will not investigate this complaint as it is not proportionate. This is because an investigation would not lead to any further findings or worthwhile outcomes.

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Final decision

13. We will not investigate Miss X’s complaint because an investigation would not lead to any further findings or worthwhile outcomes.

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Investigator's decision on behalf of the Ombudsman