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 relating to the complainant’s children. This is because investigation by the Ombudsman would not lead to a different outcome.
The complaint
The complainant, Mr X, complains that the Council was at fault in the course of child protection action relating to his children.
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 investigation would not lead to a different outcome, or there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s children have separately been the subject of child protection action. Mr X complains that the Council was at fault on both occasions. He says fault in the Council’s response to an anonymous referral relating to his daughter created a false narrative which was material to fault in later action relating to his son.
The evidence Mr X has provided shows that the child protection action relating to his daughter took place in 2017. His complaint about it is too late for the Ombudsman to consider. Late complaints are when someone takes more than 12 months to complain to us. Mr X’s complaint about the action and the resulting Council records is late and there are no grounds to consider it now. If Mr X believes the records contain false information, his recourse is to pursue his Right to Rectification.
As we cannot consider the events of 2017, we cannot take a view on whether the alleged fault was material to the decisions to make a safety plan and child protection plan relating to Mr X’s son. Officers were entitled to take account of the case history.
Investigation would not be able to find that a child protection plan was unnecessary. This is not the Ombudsman’s role. Rather, it is a matter for the professional judgement of the officers concerned. It is not for us to intervene to substitute an alternative view. That being the case, investigation would not lead to a different outcome.
Final decision
We will not investigate Mr X’s complaint because investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman