The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s actions during a child protection investigation. This is because there is not enough evidence of fault and there is another body better placed to consider part of this complaint.
The complaint
Miss X complains the Council has committed major failings and is unwilling to take accountability for its failings. She says it has happened twice with two different social workers. She says the situation has left her and her children feeling anxious with a lack of trust in a service which is supposed to safeguard them. Miss X wants the Council to take accountability for malpractice and address the issues around the conduct of the social workers.
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, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council said it made several unsuccessful attempts to engage with Miss X and see the children. As a result of concerns about the children's welfare, it began enquiries under section 47 of the Children Act 1989. As part of those enquiries, a social worker spoke to one of the children at school.
Councils have a statutory duty to make enquiries where they suspect a child is at risk of significant harm. In carrying out those enquiries, the Council can speak to a child without parental consent when it considers this necessary. Based on the information available, I am satisfied the Council acted in line with its statutory duties and has explained its reasons to Miss X for doing so. Therefore, there is not enough evidence of fault in the Council’s decision to carry out the section 47 enquiries or in the way it spoke to the child to justify an investigation.
The Council said both Miss X and the children’s father had interactions with social workers, received a copy of the children’s services assessment and engaged in the Initial Child Protection Conference (ICPC). The information provided suggests Miss X had opportunities to express her views and challenge information she disagreed with during the process. We are unlikely to find enough evidence of fault in how the Council carried out the child protection process to justify investigating.
Miss X complained about the conduct of the social workers. The Council said the assessing social worker was replaced following the ICPC as part of its normal practice and that its review of the records found no evidence of misconduct. We cannot investigate complaints about whether social workers are meeting their professional standards of conduct. If Miss X remains concerned about the conduct of the social workers, she can refer those concerns to Social Work England, the professional regulator for social workers.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault. Also, Social Work England is better placed to consider concerns about social worker conduct.
Investigator's decision on behalf of the Ombudsman