Summary: We will not investigate this complaint about the Council’s handling of child protection enquiries. This is because there is insufficient evidence of fault to justify investigating and we could also not achieve a worthwhile outcome.

The complaint

1. Mr X complains the Council failed to properly carry out child protection enquiries in relation to his child. He wants the child protection record retracted.

Back to top

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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants,
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X’s family was the subject of a child protection enquiry under Section 47 of the Children Act 1989. Mr X says a social worker’s report contained inaccurate information, which led to a child protection conference. He wants the report retracted.
6. The Council refused to consider the complaint under the statutory complaint’s procedure. It said Section 47 child protection enquiries and child protection conferences are exempt from that procedure and are dealt with under the appeals process. It also said Mr X had identified information he considered inaccurate in the Conference Recommendations and Minutes and had the opportunity to raise further concerns. It therefore considered the records were accurate.
7. The evidence shows Mr X identified the information he considered inaccurate in the Conference Recommendations and Minutes. He also had the opportunity to raise concerns about the child protection conference and, if he remained dissatisfied, through the appeals process. I have not seen evidence that the Council failed to follow that process. There is insufficient evidence of fault to justify an investigation.
8. In any event, we cannot achieve the outcome Mr X wants. He wants the Council to retract its report. We cannot recommend that the Council removes child protection records. We will not investigate this complaint.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify further investigation and we could also not achieve a worthwhile outcome.

Back to top

Investigator's decision on behalf of the Ombudsman