The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of a social worker and the Council’s child protection involvement with Miss X and her family. This is because an investigation would be unlikely to find fault with the parts of the complaint within our jurisdiction. The remaining aspects of the complaint are outside of our jurisdiction as they relate to ongoing court proceedings.
The complaint
Miss X complained about the Council’s involvement with her family when it was initiating child protection enquiries and the actions of a council social worker.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, 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 complained a social worker made false accusations during section 47 enquiries and the Council did not follow the correct process when placing her children on a child protection plan.
The Council investigated Miss X’s complaints in line with the statutory children’s process and did not uphold most of her complaints.
Miss X wants us to find the Council at fault. The Ombudsman will not reinvestigate a complaint where the Council has conducted a thorough investigation already. The evidence shows the Council carried out a full and detailed investigation into Miss X’s complaints and provided well thought out reasons for its findings. An investigation would therefore be unlikely to find fault with the Council’s actions.
Miss X has remaining complaint points she wants us to investigate. The Ombudsman cannot investigate complaints that concern ongoing court proceedings. These complaint points are therefore outside of our jurisdiction.
Final decision
We will not investigate Miss X’s complaint because an investigation would be unlikely to find fault with the parts of the complaint within our jurisdiction. The remaining aspects of the complaint are outside of our jurisdiction as they relate to ongoing court proceedings.
Investigator's decision on behalf of the Ombudsman