The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to the complainant’s concerns about his daughter’s welfare. This is because there is no evidence of fault on the Council’s part.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council was at fault in its response to his concerns about his daughter’s welfare.
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 has shared care of his daughter. He has reported his concerns about his daughter’s welfare while staying with her mother. He believes his daughter’s mother’s actions are abusive and that the Council’s failure to take action leaves his daughter at risk of further abuse.
Mr B is critical of the Child and Family Assessment the Council carried out, which he regards as inadequate. He believes the social worker failed to take proper account of the previous involvement of another authority, and wants the Assessment amended to reflect this. He also wants what he describes as stronger action taken against his daughter’s mother.
In response to Mr B’s complaint, the Council agreed to make an addition to the case chronology but rejected the contention that the assessment was inadequate. Mr B does not accept the finding and believes the Council should continue to be involved in his daughter’s case. He also regards a comment made in the complaint response as discriminatory on the grounds of sex.
The Ombudsman will not investigate Mr B’s complaint. Effectively, he wants the Council to change the findings of its assessment and agree with his view that his daughter’s mother’s actions amount to abuse. That is not something the Ombudsman can achieve.
Mr B disagrees with the Council’s view of his daughter’s mother’s actions. But that does not mean the Ombudsman can or should intervene. The content of the Child and Family Assessment shows that the social worker followed the appropriate steps in considering the matter and there is no evidence of fault in the way she reached her conclusions. Without evidence of fault, the Ombudsman cannot challenge the social worker’s professional judgement, or intervene to substitute an alternative view.
I attach no particular significance to the comment Mr B interprets as being discriminatory. In the absence of evidence of significant fault on the Council’s part it does not, in itself, merit investigation.
Final decision
We will not investigate Mr B’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman