The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s Children’s Services team and its involvement with her family. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault, and it is unlikely an investigation would add anything to the Council’s response.
The complaint
The complainant, whom I shall refer to as Mrs X, complained about the involvement of the Council’s Children’s Services team with her family. The Council became involved following a referral about Mrs X’s son (Y). Mrs X says the Council has been involved with her family for longer than expected. She says it has failed to communicate or involve her in the process. Mrs X says this has left her worried and affected how her son performed in his GCSEs. Mrs X says the Council has provided different information to the Police about the possession of airsoft guns by her son.
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
In its response to Mrs X the Council has said its work with Y has been more complex than expected. This led to a delay in finding an independent provider to work with him. The Council also said Mrs X had asked it to delay its work with Y until after his GCSEs. The Council said a social worker had contacted Mrs X every three weeks. It accepted though it would have been helpful for a lead worker to be identified. The Council said it could not comment on advice given by the Police. But it explained the Police and council approached certain subjects from different perspectives.
I understand Mrs X’s concerns over the Council’s involvement with her family. But having considered the information available, I do not think there is enough evidence of fault by the Council to warrant an investigation. The Council has explained its involvement and why it has lasted longer than expected. It has also accepted certain things could have been done differently. It has taken steps to ensure the same issues do not happen again.
If we did investigate, it is unlikely we would be able to add anything to the Council’s response. It is unlikely we would recommend further changes and the Council has already partially upheld Mrs X’s complaint. We could not comment on anything the Police have said. We could never say the Council’s involvement affected how Y performed in his GCSEs. An investigation would therefore be unlikely to achieve anything more.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault. It is also unlikely we could achieve anything more.
Investigator's decision on behalf of the Ombudsman