The Ombudsman's final decision
Summary: We will not investigate this complaint about the production and content of a child and family assessment because we would achieve nothing significant by doing so.
The complaint
The complainant, who I will refer to as Mr B, complains that, in completing a child and family assessment, the Council failed to take account of evidence showing its involvement with his family is unjustified.
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
The Council carried out a child and family assessment because of its concerns about the wellbeing of Mr B’s daughter. The assessment concluded that it was appropriate to step down the Council’s involvement to family support.
Mr B complains about the content of the report. He says accusations disproved in the course of previous child protection action were used to justify the Council’s involvement. He also says the social worker has ignored video evidence he has provided which shows the Council’s involvement is unwarranted.
The Ombudsman will not investigate Mr B’s complaint because there is nothing to be gained by doing so. Our intervention would not change the content or conclusions of the child and family assessment. These reflect the professional judgement of the social worker and it is not for us to intervene to substitute an alternative view. In any case, I note that the assessment did not find further child protection action to be warranted. That being the case, the recommended family support would be voluntary.
Where the content of a child and family assessment is disputed, the most we would expect is that the complainant’s dissenting views are recorded. Mr B has set out his views in his complaint to the Council, so this has already been achieved. If Mr B believes the assessment contains demonstrable factual inaccuracies, rather than differences of opinion, it is open to him to pursue his legal right of rectification. There is no role for the Ombudsman.
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