The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a child protection investigation. It is unlikely we would achieve a significantly different remedy than already offered.
The complaint
Mr X complains about the Council’s decision to carry out a child protection investigation and how it did so.
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the complaint documents provided by the Council.
I considered the Ombudsman’s Assessment Code and our Remedies Guidance.
My assessment
In January 2023, the Council received a child safeguarding referral. It held a strategy meeting and decided to carry out a child protection investigation. 24 days later it closed the case with no further action. Mr X complained in March 2023. He said the Council should not have carried out the investigation. He said its assessment had some major factual errors.
The Council considered Mr X’s complaint within its Children Act statutory complaints procedure. That finished in March 2024. It upheld Mr X’s complaint. It offered a remedy which included: £500 for the distress caused by the investigation; £150 for complaint delays; £200 for time, trouble and distress caused by the assessment errors; £250 for a failure to properly explain why the investigation happened; An Apology and Confirmation it would amend its investigation assessment.
Analysis 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. There are no reasons to do so in this case.
A council has a legal duty to investigate where it has reasonable cause to suspect that a child is suffering or at risk of suffering significant harm.
The council’s primary responsibility is to safeguard the welfare of the child. Carrying out its duties is inevitably going to cause some distress to those involved. We can only remedy injustice arising from faults in the process. Where injustice is only minor, short lived and has been rectified (for example by correcting the record) we are unlikely to recommend further remedies.
Considering Remedies’ Guidance we are unlikely to achieve more than has already been offered.
Final decision
We will not investigate Mr X’s complaint because it is unlikely we would achieve a significantly different remedy.
Investigator's decision on behalf of the Ombudsman