The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about a report to a child protection conference and her contact with her children. It is unlikely we could achieve significantly more than has been provided.
The complaint
The complainant, whom I shall call Miss X, says the Council provided an inaccurate and unfair report to a child protection conference.
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 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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X has three children. In March 2022, the Council had concerns about their care. It called a strategy meeting and then a Child Protection Conference. The children stayed with their fathers.
The Council calls a Child Protection Conference if, at a multi-agency strategy meeting, it decides concerns are a child is likely to suffer significant harm.
The Child Protection Conference decides what action is needed to safeguard the child. This may include a recommendation the child should be supported by a Child Protection Plan.
After the Initial Child Protection Conference, there will be one or more Review Child Protection Conferences to consider progress on action taken to safeguard the child and whether the Child Protection Plan should be maintained, amended, or discontinued.
Review Child Protection Conferences should be held within three months of the initial conference, and after that at maximum intervals of six months.
The Child Protection Conference is a multi-agency body and is not in itself a body in the Ombudsman's jurisdiction.
The Child Protection Conference plays an advisory role. But the final decision, for example whether to place a child on a Child Protection Plan or to discontinue a Plan, is the responsibility of the council. We would generally consider it right for a council to follow the recommendations of the Child Protection Conference unless there was good reason not to.
Miss X says the social worker report provided to the conference was ‘slander’. She says she requested an appeal. She says she should have an appeal. She says the report meant the conference came to the wrong decision. She says it has affected her contact with her children.
The Council says it held two review conferences in June and August. Miss X has therefore had more than is required. If our investigation was to decide there was fault in the report, our likely recommendation would be a review conference. Miss X has already had this. It is unlikely we could achieve more for this part of her complaint.
The Council in its reply has explained it cannot control the contact Miss X has with her children. Only the Courts can do so. We could not achieve the outcome she seeks of seeing her children more.
Final decision
We will not investigate Miss X’s complaint because it is unlikely we could achieve more than has already been provided.
Investigator's decision on behalf of the Ombudsman