Devon County Council (23 012 759)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 15 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about how the Council dealt with a safeguarding referral concerning the complainant’s child. This is because investigation by the Ombudsman would not add anything significant to the investigation carried out by the Council.
The complaint
- Mr X complains about how the Council dealt with a safeguarding referral it received concerning his child. Mr X says the Council are refusing to acknowledge the seriousness of its errors.
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council about its actions after it received a safeguarding referral concerning his daughter. The Council considered Mr X’s complaint under the statutory children’s complaint’s process. At stage two of the complaints process, the investigating officer fully upheld Mr X’s complaint and recommended the Council apologise and implement several service improvements including staff training and a review of its policies.
- The Council accepted the outcome and the investigating officer’s recommendations. Mr X remains unhappy with the Council’s response and feels the Council are refusing to acknowledge the seriousness of its errors.
- The Ombudsman will not reinvestigate a matter which the Council has previously investigated, provided the investigation has been conducted correctly. The evidence shows the investigating officer has fully considered Mr X’s complaint, thoroughly investigated it and fully upheld the complaint. The Council has accepted the findings of the investigating officer and has addressed the injustice caused by the fault with specific and proportionate recommendations. The Council has provided a report that is detailed and well evidenced and I am therefore satisfied the Council has carried out an effective statutory children’s investigation. An investigation would therefore not be a good use of resources as we could not add to the Council’s investigation.
Final decision
- We will not investigate Mr X’s complaint because we could not add to the investigation carried out by the Council.
Investigator's decision on behalf of the Ombudsman