The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about how the Council dealt with her family before a child protection conference. The Council has already investigated her concerns, identified failings and provided a remedy. Further investigation by us would not lead to a different outcome.
The complaint
Mrs X complains about the Council’s handling of safeguarding allegations and how it dealt with her family before a child protection conference. She says the Council did not communicate with her properly, involve her throughout the process or explain the decisions it made about her and her family.
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 further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X and the Council.
I also considered the Ombudsman’s Assessment Code.
My assessment
The Council investigated Mrs X’s concerns through its complaints procedure. It identified several failings in the way it dealt with her family before the child protection conference. These included: failing to communicate clearly with Mrs X; failing to share written reports and key decisions with her; inadequate analysis and scrutiny of safeguarding allegations, which resulted in inaccurate assessments; and incorrect use of language and terminology.
The Council acknowledged that its actions fell below the expected standard and took remedial action. This included: apologising to Mrs X and her partner; sharing the learning with the social worker involved and wider staff; allocating a new social worker to her case; arranging for written reports to be shared with Mrs X and for her feedback and views to be obtained and considered; arranging a new child and family assessment; arranging for Mrs X’s request for therapeutic support to be considered by the head of service; and making symbolic payments to address the impact of improper referrals and failures to respond to complaints.
I recognise there was some delay in responding to Mrs X’s complaint. However, the Council has properly considered her concerns, acknowledged the failings and taken appropriate remedial action. Further investigation by us would not add to the Council’s investigation or lead to a different outcome. I have therefore decided not to investigate the complaint.
Final decision
We will not investigate Mrs X’s complaint because it would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman