The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to a referral received by children’s services. This is because there is insufficient injustice to warrant investigation.
The complaint
The complainant, who I will refer to as Miss B, complains that the Council began an assessment of her family and visited her home against her wishes. She further complains that it was at fault in threatening her with formal child protection action.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss B’s complaint relates to the Council’s response to a referral it received following a visit she and her son made to hospital. Miss B says the Council contacted her about the matter and she explicitly declined its intervention.
Miss B says that, despite her expressed wishes, the Council threatened her with a Section 47 investigation, and two of its officers carried out an unannounced home visit. She complains that the officers were clearly identifiable as social workers to her neighbours.
In its response to Miss B’s complaint, the Council denied it threatened Section 47 action, and said its officers were as discreet as possible when they visited her home. However, it did accept that it had been at fault in how it had communicated and apologised for this. Miss B regards this as insufficient and wants financial compensation.
We will not investigate Miss B’s complaint because there is insufficient outstanding injustice to warrant our intervention. While there is no doubt the events were distressing for her, I note that the Council quickly clarified that it intended to take no action and issued a closure letter. The Council’s apology is sufficient in the circumstances of the case.
Final decision
We will not investigate Miss B’s complaint because there is insufficient injustice to warrant investigation.
Investigator's decision on behalf of the Ombudsman