Summary: We will not investigate this complaint that the Council is at fault in considering child protection action in respect of the complainant’s children. Investigation would not achieve the outcome the complainant wants and is not therefore warranted.

The complaint

1. The complainant, Miss X, complains that the Council is at fault in considering child protection action in respect of her children.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. Miss X’s unborn child was the subject of a child protection referral made by hospital staff. In response to the referral, the Council’s social worker contacted Miss X to discuss the concerns which had been raised. Miss X subsequently complained to the Council about the social worker’s actions. In response, the Council set out why it was necessary to contact her to gather information on which to consider whether further action was appropriate.
6. Miss X complains that the Council is trying to build a child protection case against her using information about events which took place seven years ago. She says the Council’s involvement with her family is unnecessary and is causing her worry and distress. The outcome she is seeking from her complaint to the Ombudsman is that the Council close its case and cease its involvement with her family.
7. The Ombudsman will not investigate Miss X’s complaint because investigation would not achieve what she wants. The Council had a duty to consider and respond to the referral it received, and it is not for us to express a view on whether child protection action is appropriate. Our intervention would not result in the Council closing its case and would not therefore give Miss X the outcome she is seeking.

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Final decision

8. We will not investigate Miss X’s complaint because investigation would not achieve the outcome she wants.

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Investigator's decision on behalf of the Ombudsman