Summary: We will not investigate Miss X’s complaint that the Council failed to provide care services for her and her child. There is not enough evidence of fault in the Council’s actions.

The complaint

1. Miss X complains the Council failed to safeguard her and her child by:
• delaying assessing her and her child’s care needs; and
• failing to provide appropriate support.
2. Miss X says the Council’s actions have caused her immense emotional and physical distress.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

Back to top

How I considered this complaint

5. I considered information provided by Miss X and the Council, and the relevant law, policy and guidance.
6. I also considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Miss X says the Council failed to safeguard her and her child by delaying assessing her and her child’s care needs and failing to provide appropriate support.
8. The evidence available to me shows:
• The Council considered Miss X’s request for help in January 2025 and provided Early Help support between January 2025 and March 2025. During this period, the Council’s Early Help service made several referrals to support services to address Miss X’s health and social care needs. In late March 2025, Miss X agreed to end Early Help support as she was satisfied with the support services provided.
• In early April 2025, the Council received a referral for a child & family assessment (C&F assessment). Miss X first withdrew from the assessment process but re-engaged later that month. The Council then carried out an adult care needs assessment which found that Miss X was eligible for care and support. Further referrals were also made to address housing and social care needs.
• The Council closed the C&F assessment in early June 2025 as it said Miss X’s child did not have a formal diagnosis and it had not identified any safeguarding issues.
• On 8 July 2025, the Council received another referral for a C&F assessment for Miss X and her child. I understand this assessment is in progress.
9. Regarding events from January to early June 2025, the evidence I have seen shows the Council promptly acted on requests and referrals, completed assessments without undue delay, gave support to address any needs it identified and made further referrals as appropriate. The evidence also shows the Council regularly engaged with Miss X, responded to her concerns, and accommodated her health needs. It appears the Council is continuing to engage with Miss X to progress any outstanding assessments and referrals.
10. I acknowledge Miss X is unhappy with the outcome of the C&F assessment in early June 2025 and she believes the Council should provide respite care for her child.
11. Under section 17 of the Children Act 1989, councils have a duty to safeguard and promote the welfare of children in need in their area. This includes providing a range and level of services appropriate to the child’s assessed needs. The law allows councils to decide what support to provide, based on the nature and extend of the child’s needs. Where needs are assessed as low level, councils may offer universal or early help services, rather than more specialist provision.
12. The evidence available to me shows the Council followed proper processes when carrying out the C&F assessment and considered relevant information in line with its statutory duties. As it appears there was no fault in how the Council made its decision in early June 2025, we cannot question the outcome.
13. I have not considered the conduct or potential outcome of the C&F assessment that began in July 2025. That was well after Miss X’s complaint to us and I understand it is continuing. It is reasonable to expect Miss X to take any complaint about this through the Council's complaint procedure before bringing it to us. The same applies to any dissatisfaction with the Council’s adult care needs assessment.

Back to top

Final decision

14. I will not investigate Miss X’s complaint. This is because there is not enough evidence of fault in the Council’s actions to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman