The Ombudsman's final decision
Summary: We will not investigate this complaint about the alleged failure of the Council to protect Miss X’s grandchildren from harm. There is not enough evidence of fault by the Council to warrant our further involvement.
The complaint
Miss X said a social worker lied and failed to protect her grandchildren from their abusive parents.
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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
At my request, the Council provided a copy in confidence of its assessment. This showed that, as well as the views of Miss X and the children’s parents being sought, the children were seen several times and their views recorded, with reasons given why the Council thought this meant it was safe to return them to their parents. That Miss X takes a different view is not likely to be evidence of fault in the way the Council reached its decision.
Final decision
We will not investigate Miss X’s complaint. There is not enough evidence of fault in the way the Council reached its decision to warrant our further involvement.
Investigator's decision on behalf of the Ombudsman