The Ombudsman's final decision
Summary: We will not investigate Ms M’s complaint about a child protection plan because there is no evidence of fault which would justify an investigation.
The complaint
Ms M complains about a child protection plan for her son, B. In particular, Ms M complains the Council was wrong to record that she had been suicidal.
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 do not start or continue an investigation if we decide: there is not enough evidence of fault to justify investigating, 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 Ms M and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council held a child protection conference following a referral by the Police. The Police were concerned about Ms M’s son.
Ms M says there was a misunderstanding, and she had simply called the Police because she wanted someone in authority to talk to her son.
The child protection conference recommended a child protection plan.
The Council made a child protection plan and held regular review meetings.
After three months, the Council decided B no longer needed the child protection plan. The Council now supports B with a child in need plan.
The Council sent me all the records. There is no evidence of fault in the records which would justify investigation by us.
Ms M complained the chair of the child protection conference wrote that she was suicidal. I have not seen any contemporary reference to Ms M feeling suicidal.
However, if Ms M believes the records contain facts which are incorrect, she can ask the Council to correct them. This is known as the ‘right to rectification’. If Ms M and the Council do not agree, Ms M can ask the Information Commissioner for advice. The Information Commissioner oversees the right to rectification.
Final decision
We will not investigate Ms M’s complaint because there is no evidence of fault in the records which would justify investigation by us.
Investigator's decision on behalf of the Ombudsman