Summary: We will not investigate Mr X’s complaint about social work reports prepared for an Initial Child Protection Conference and for court proceedings. The Council made some change to the first report after Mr X complained, which was appropriate. We cannot consider complaints about reports prepared for court proceedings.

The complaint

1. Mr X complained about reports the Council prepared for an Initial Child Protection Conference and for court proceedings. He said the Council had ignored his concerns about risks posed to his son and had supported the child’s mother, Ms Y, who had made allegations of domestic abuse that Mr X strongly refutes. He said the Council had manipulated the court proceedings.
2. Mr X said that, as a result of the Council’s failings, his son was left at risk. He wants the reports amending.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
5. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

8. Mr X complained about the report a social worker prepared for an Initial Child Protection Conference (ICPC). In its complaint response, the Council agreed the report was not well balanced, for which it apologised. It agreed to a change of social worker and to make changes to the report.
9. The Council sent Mr X an amended report, but Mr X was unhappy it had not made all the changes he wanted or included all the information he had asked it to. The Council considered his comments but decided not to make any further changes to the report.
10. Mr X complained again. He said Council officers and the child’s mother, Ms Y, had lied and said the Council was manipulating the court. The Council explained it had considered what Mr X had said about Ms Y, which was concerning, but did not justify it removing the child from Ms Y’s care. It said it could not get involved in decisions about contact, which were for the court. It also could not get involved in accusations and counter accusations between Mr X and Ms Y, and the court would decide which of them the child should live with. It agreed Mr X’s complaint and its responses would be placed on file, so officers were aware of his views.
11. The Council considered Mr X’s complaints about the ICPC report and agreed to prepare an amended report, which it did. This was appropriate action for the Council to take. It ensured Mr X’s views were placed on the child’s file, which was also appropriate.
12. It is for the Council to decide what information should be included in reports, what weight to give evidence considered, and what action is needed to protect a child who may be at risk. The complaint communications indicate the Council has considered the concerns Mr X raised, and decided, with other relevant agencies that a child protection plan was needed. We cannot direct a council to amend reports and further investigation would not lead to a different outcome.
13. Subsequently, the Council prepared a report for the court proceedings, which Mr X is also unhappy with. The Council told him he needed to raise any concerns about that report within the court proceedings. The law says we cannot investigate matters related to court proceedings. That includes any reports prepared for court proceedings.
14. For these reasons, we will not investigate further.

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Final decision

15. We will not investigate Mr X’s complaint about reports for an Initial Child Protection Conference because the Council has taken appropriate action and further investigation would not lead to a different outcome. We cannot investigate Mr X’s complaint about a report prepared for court proceedings.

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Investigator's decision on behalf of the Ombudsman