The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council was at fault in the course of child protection action. This is because the Council has already upheld the complaint and investigation would achieve nothing significant.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council was at fault in the course of 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B’s children have been the subject of a Section 47 child protection enquiry. Mr B complains about the conduct of the child protection action. Specifically, he complains that the Council cancelled and rearranged a child protection conference without proper notice. He also complains that the social worker’s report was provided to him late and had not been translated, as he had requested.
The Ombudsman will not investigate Mr B’s complaint. The Council has accepted that it was at fault in failing to inform Mr B of the new date for the conference, and in issuing the report late. It has upheld the complaint and apologised. There is no basis for the Ombudsman to investigate the complaint as there is nothing further to be achieved. The failure to translate the report did not form part of the complaint to the Council, so we will not consider it.
Final decision
We will not investigate Mr B’s complaint because there is nothing significant to be achieved by doing so.
Investigator's decision on behalf of the Ombudsman