The Ombudsman's final decision
Summary: We will not investigate this complaint about the terms of a child in need plan. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
Mr X complained the terms of a child in need plan negatively affected his ability to work fulltime.
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: there is not enough evidence of fault to justify investigating.
(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 Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has been involved with Mr X and his family for a number of years. Following a child protection conference, the Council put a child in need plan in place which required Mr X and his partner to undergo weekly alcohol testing.
Mr X complained to the Council because the testing was interfering with his ability to work fulltime. The Council acknowledged the inconvenience but advised the testing was necessary to ensure his children’s wellbeing. The Council later held a child protection conference where it was agreed the plan was no longer required. Mr X was unhappy with the Council’s response and brought his complaint to us.
The Council’s role in this matter is to prioritise the safety and wellbeing of the children involved. The evidence shows the child in need plan was drawn up with this in mind. There is nothing to suggest the Council has been overzealous in its application of the terms of the plan and so it is unlikely the Ombudsman would find fault with the Council’s actions.
Final decision
We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman