Summary: We will not investigate this complaint about a Child in Need assessment and support. This is because we could not add to any previous investigation by the Council and further investigation would not lead to a different outcome.

The complaint

1. Mr X complained about the Council’s decision to make his children Child in Need. He said his family did not meet the threshold for Child in Need support. He said the Council’s decision was based on false allegations.
2. Mr X also complained there were errors in the Council’s assessment. He said staff used inappropriate language about him. Mr X said this had destroyed his family life and impacted his mental health. He would like the Council to pay him compensation.

Back to top

The Ombudsman’s role and powers

3. 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:
4. there is not enough evidence of fault to justify our involvement, or
5. we could not add to any previous investigation by the organisation, or
6. further investigation would not lead to a different outcome.

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

Back to top

How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

9. The Council considered Mr X’s complaint through the children’s statutory complaints procedure and appointed an independent investigator. The investigator reviewed case records and interviewed relevant staff. They upheld some of Mr X’s complaints and set out recommendations to address these. These recommendations included service improvements and adding documents to the file which set out Mr X’s position. Where the Council did not find fault or could not make a finding, it gave reasons why.
10. Mr X remained unhappy, so an independent panel considered his complaint. They agreed with the findings of the initial investigation, but also made an additional recommendation.
11. Where a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it, unless there were any flaws in the stage two investigation or stage three review panel that could call the findings into question.
12. Mr X’s complaints were investigated independently, and there is no evidence of fault in how this investigation was conducted. Therefore, we will not investigate this complaint as we would be unable to add to the independent investigation.
13. Mr X said that he wanted compensation. However, it is not the Ombudsman’s role to provide compensation. Both the independent investigator and independent panel set out recommendations to try and put things right. These recommendations are in line with the Ombudsman’s Guidance on Remedies, therefore further investigation would not lead to a different outcome.

Back to top

Final decision

14. We will not investigate Mr X’s complaint because we could not add to any previous investigation by the Council and further investigation would not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman