Summary: We will not investigate Ms X’s complaint about the inadequacy of a section 7 court report because we cannot investigate complaints about reports prepared for court action or the way court action is handled. We will not investigate her complaints about the Council’s handling of the child in need process because the Council has offered an appropriate remedy and there is nothing we could add to its investigation.

The complaint

1. Ms X complained about a social worker’s judgement and a section 7 report prepared for court action, which she considered was inaccurate and about which the judge was critical. She also complained about the way the Council handled the child in need process and said her child, Y, should have had a child protection plan from 2022.
2. Ms X said the Council’s failings meant she incurred additional legal costs and was unable to claim Legal Aid. She also said she was caused distress and uncertainty and was put to avoidable time and trouble pursuing the Council.

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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:

• we could not add to any previous investigation by the organisation, or
• 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))

Statutory children’s complaints process

6. The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it.
7. However, we may look at whether there were any flaws in the stage two investigation or stage three review panel that could call the findings into question. We may also consider whether a council properly considered the findings and recommendations of the independent investigation and review panel, and whether it has completed any recommendations without delay.

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How I considered this complaint

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

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My assessment

10. Ms X complained about a social worker’s poor judgement, which led to an inadequate section 7 report prepared for court action. She also complained about the social worker’s conduct in court.
11. We cannot investigate complaints about court action, which includes reports prepared for the court and the handling of court action. Therefore, we will not consider this part of the complaint further.
12. Ms X also complained about the Council’s handling of a child and family assessment and the child in need process for her child, Y. This complaint was investigated using the statutory children’s complaints process. I have considered the way the complaint was investigated, including the stage 2 report, the report of the stage 3 panel and the Council’s adjudications at stage 2 and 3.
13. Ms X’s complaint that Y should have had a child protection plan from 2022 was not upheld because, at all three stages, it was not considered that the threshold of the risk of significant harm was met. Her other complaints were upheld. There is no evidence of fault in the way the complaint was investigated, and it is unlikely we could add to the previous investigation.
14. The Council agreed to make improvements to its services to prevent a recurrence of the faults identified. It also apologised and offered to pay Ms X £800 to remedy the injustice caused. Ms X rejected the payment offered, because she said it did not adequately reflect the injustice caused, in particular that it did not reflect the additional legal costs she incurred due to her lack of confidence in the social worker’s judgement, section 7 report and general record keeping.
15. As explained above, we cannot investigate complaints about court action. Since we cannot make any findings of fault in relation to the court action, we cannot recommend a payment for any injustice caused. For this reason, we cannot achieve the outcome Ms X wants, which is £5,000 towards her legal costs.
16. I have considered the faults identified and the likely injustice caused. For example, the Council accepted some last-minute arranging of meetings at Ms X’s home, which meant she could not adequately prepare Y, who has autism, for the visits. The Council also accepted it failed to properly manage child in need meetings and to consider having split meetings, so Y’s father was not attending the same meeting as Ms X, despite it being aware Ms X was a victim of domestic abuse. It accepted meeting minutes did not accurately reflect the discussions held. It also accepted that an assessment was not shared with Ms X so she could comment before it was shared more widely. These failings will have caused stress and uncertainty and there is evidence Ms X was put to avoidable time and trouble pursuing the Council for updates and for changes to records.
17. Our Guidance on remedies, available on our website, suggests payments of up to £500 for injustice of this nature, although we can recommend higher payments where appropriate. I am satisfied that the payment offered by the Council is in line with our Guidance. Therefore, we will not consider the complaint further as it is not likely this will lead to a different outcome.

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Final decision

18. We will not investigate Ms X’s complaint because we cannot investigate those aspects that relate to court action. Further, we cannot add to the Council’s investigation of the handling of the child in need process.

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Investigator's decision on behalf of the Ombudsman