Summary: We will not investigate Ms X’s complaint about how the Council worked with her when her children were subject to Child Protection. That is because further investigation would not lead to a different outcome. Additionally, we have no jurisdiction around custody or child contact arrangements. That can only be decided by the courts.

The complaint

1. Ms X complained about how the Council worked with her when her children were subject to Child Protection and after it started the Public Law Outline (PLO) process. She said the Council did not properly consider her concerns about the children’s father (Mr Y), or the wider paternal family. She said that resulted in the Council moving the children into Mr Y’s care. She said he is now restricting her contact with her children.
2. Ms X also complained the Council failed to provide her minutes from the PLO meetings; that it cancelled core group meetings at short notice and that she had several changes of social worker.
3. Ms X wants the Council to take disciplinary action against a Social Worker she says failed to investigate concerns about her ex-partner and his family; wants the Council to disclose full case records for her children and apologise for its poor communication with her.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
6. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
7. 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:

• further investigation would not lead to a different outcome, 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), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

10. We will not investigate Ms X’s complaints the Council failed to consider her concerns about Mr Y, or about the transition of their children into his care. That is because the Council considered the children’s living arrangements and Ms X’s concerns about Mr Y as part of the PLO process. That is a legal process the Council must follow where it is considering care proceedings. Ms X had legal representation as part of this process. If Ms X disagreed with any proposed plans to safeguard the children, including the decision for them to live with Mr Y, it was reasonable for her to disagree within this process. The Council could then have decided whether to progress the matter to court.
11. In addition, we cannot decide where Ms X’s children live. That is a matter for the courts. It is reasonable for Ms X to apply to the courts if she disagrees with the current child contact arrangements.
12. We will also not investigate the Council’s general handling of her case. The Council has already apologised for the changes in social worker; delays in sending out meeting minutes and where a meeting was cancelled. Further investigation by the Ombudsman would not lead to a different outcome. The Council has provided her information about how to make a subject access request (SAR) to access her case records. It is reasonable for Ms X to complaint to the Information Commissioner’s Office (ICO) if the Council does not respond to this request.
13. We cannot direct a Council to take disciplinary action against a staff member. If Ms X has concerns about a social workers fitness to practice, she can raise this with Social Work England.

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Final decision

14. We will not investigate Ms X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman