The Ombudsman's final decision
Summary: We will not investigate X’s complaint about Children Services’ actions. It is unlikely we could achieve more and there are other bodies better placed to consider a data protection complaint and social worker’s practice complaint.
The complaint
X complains about children services’ actions in relation to a child and family assessment completed in August 2021.
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; 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 X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council completed a child and family assessment on X’s family in August 2021. X complained about this assessment, primarily around its quality and content, in February 2022. The Council considered the complaint in its Children Act statutory complaints’ procedure.
The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. The accompanying statutory guidance, ‘Getting the Best from Complaints’, explains councils’ responsibilities in more detail. We also published practitioner guidance on the procedures, setting out our expectations.
The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
If a complainant is not happy with a council’s stage one response, they can ask that it is considered at stage two. At this stage of the procedure, councils appoint an investigating officer (IO) to look into the complaint and an independent person (IP) who is responsible for overseeing the investigation and ensuring its independence.
Following the investigation, a senior manager (the adjudicating officer) at the council should carry out an adjudication. The officer considers the IO report and any report from the IP. They decide what the council’s response to the complaint will be, including what action it will take. The adjudicating officer should then write to the complainant with a copy of the investigation report, any report from the independent person and the adjudication response.
The whole stage two process should be completed within 25 working days but guidance allows an extension for up to 65 working days where required.
If a complainant is unhappy with the outcome of the stage two investigation, they can ask for a stage three review by an independent panel. The council must hold the panel within 30 working days of the date of request, and then issue a final response within 20 working days of the panel hearing.
The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it.
The Council completed the complaints’ statutory scheme in June 2023. It agreed to redact the assessment and other corrective action. We are unlikely to achieve more than this for the assessment failings. If despite the action taken X still believes the assessment is inaccurate or should not be held by the Council, then it is reasonable to expect them to complain to the Information Commissioner’s Office (ICO).
Parliament set up the ICO to consider data protection disputes which includes ‘right to rectification’ and holding information disputes. The ICO are better placed than us to consider if the Council should change its records particularly because there are complex exemptions for children case files.
X says the Council should refer the social worker involved to Social Work England (SWE). They are the social workers’ professions, governing body and consider complaints about social worker’s professionalism. X can complain to them direct it does not need a Council referral.
The Council has offered £300 for X’s time and trouble in pursuing the complaint. Given the delays involved in the complaints process, this payment is consistent with the recommendations we make and we are unlikely to achieve more.
Final decision
We will not investigate X’s complaint because we are unlikely to achieve more than the Council has already proposed. And there are other bodies better placed.
Investigator's decision on behalf of the Ombudsman