Summary: We will not investigate this complaint about the Council’s decision to place Ms X’s child on a Child Protection Plan. That is because there is not enough evidence of fault to justify investigating.

The complaint

1. Ms X complained about the Council’s decision to place her child, Y on a Child Protection Plan. Ms X said she was not at risk from domestic abuse from her partner and the Council’s decision was wrong. She wanted the Council to remove Y from the Child Protection Plan and to stop its consideration of care proceedings.

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The Ombudsman’s role and powers

2. 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 the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6))

4. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has considered Mrs X’s complaint through the Children’s Statutory Complaint procedure. In its complaint response it said both Ms X and Y had disclosed domestic abuse to the Police and Council Officers had witnessed arguments between Ms X and her partner. The Council said all professionals at the Initial Case Conference had concerns for Y. It said it had started considering care proceedings because of the lack of progress. It did not uphold Ms X’s complaint.
8. Although Ms X is unhappy with the Council’s response, we will not investigate. The Council has considered all available information including views of other professionals at the Initial Child Protection Conference when it decided to put Y on a Child Protection Plan. It has thoroughly investigated her concerns. There is not enough evidence of fault in the Council’s actions to justify our involvement. In addition, we cannot achieve the outcome Ms X wants. We cannot direct the Council to remove Y from the Child Protection Plan or to stop its consideration of care proceedings. If the Council decides to progress to care proceedings, it would be appropriate for Ms X to raise any concerns about its assessment of domestic abuse with the Court.

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Final decision

9. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman