Summary: We will not investigate this complaint about the support provided by Children’s Social Care. There is not enough evidence of fault to justify our involvement.

The complaint

1. Miss X complained about the support provided by Children’s Social Care after she asked it for help to move because of domestic abuse. She said instead of supporting her, the Council placed her children on a Child Protection Plan. Miss X also said a Social Care Manager verbally abused her children during a home visit. She wants Children’s Social Care to end its involvement with her family.

Back to top

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 how the organisation made its decision, 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, 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

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

Back to top

My assessment

6. The Council received a referral that Miss X was experiencing domestic abuse. The Council contacted Miss X and decided to complete a Child in Need assessment. As part of that assessment, the Council gathered information from Miss X, her ex-partner, and other services. The Council had concerns about the welfare of Miss X’s children. It said Miss X would not engage with Child in Need services, so held a strategy meeting. That meeting decided to progress the case to Child Protection.
7. Although Miss X is unhappy with the Council’s decision to escalate to Child Protection, we will not investigate this complaint. That is because we cannot question the Council’s decision where there is no evidence of fault in how it was made. The Council correctly followed up the initial referral; used a range of sources to complete its assessment and set out its reasons for needing to escalate to Child Protection. It followed the Statutory Guidance; there is not enough evidence of fault to justify our involvement.
8. We will also not investigate Miss X’s complaint a Council Officer verbally abused her children. The Council Officer spoke to Miss X’s children about their behaviour during a home visit. Although I understand Miss X is unhappy with what was said, we would not consider it abusive. The Council’s view is its comments were appropriate. I recognise Miss X disagrees, but there is nothing worthwhile to be achieved through further investigation. If Miss X has concerns around a social workers conduct, she can report these to Social Work England. Further investigation by us would not lead to a different outcome.

Back to top

Final decision

9. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman