The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of social workers in the course of child protection action. This is because we would achieve nothing significant by doing so.
The complaint
The complainant, who I will refer to as Mr B, complains about the actions of social workers 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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B’s children were the subject of child protection plans. Mr B complains that social workers were at fault throughout the Council’s involvement with his family.
Specifically, he complains that a social worker breached his confidentiality by sharing confidential information from private law proceedings without permission to do so. He also argues that a social worker submitted an inadequate report to a Review Child Protection Conference, the effect of which was to prolong the Council’s involvement with his family.
In his complaint to the Council, Mr B also raised what he characterised as unprofessionalism, delay and failure to provide information on the part of social workers. The Council’s responses on these matters show that they have been properly considered and his complaints have been upheld in part. It is unlikely the Ombudsman’s involvement would add anything significant on these aspects of the complaint and we will not investigate them.
The evidence shows that the Council has informed Mr B of his right to raise the data protection matters with the Information Commissioner. This is the appropriate recourse available to him and the Ombudsman will not intervene.
The Council has accepted that the information provided to the Review Child Protection Conference was not sufficient. It has apologised to Mr B for this. It is not possible for the Ombudsman to say that a more detailed report would have led to a different outcome. The apology is therefore an appropriate response and our involvement is not warranted
Final decision
We will not investigate Mr B’s complaint because we would achieve nothing significant by doing so.
Investigator's decision on behalf of the Ombudsman