Summary: We will not investigate this complaint about poor professional practice in Children’s Social Care. That is because further investigation will not lead to a different outcome and there is a different body best placed to consider it.

The complaint

1. Ms X’s complaint to the Council was made as part of a group complaint in 2022. That complaint focused on the culture within Children’s Social Care and the actions of Council Officers involved in the complainants’ cases. It also related to concerns about how the Council had dealt with Subject Access Requests (SARs).
2. The complainants are not satisfied with the outcome of the Council’s response to their complaint. They said they have not seen the evidence on which the Independent Investigator based their opinions, and the complaint report did not set out the competing evidence considered.
3. As part of Ms X’s representations to the Council she complained about its involvement with her in 2021 after the Council placed her children on a Child in Need plan and the actions of a social worker.

Back to top

The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council. (Local Government Act 1974, sections 26B and 34D, as amended)
6. 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))

Back to top

How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

9. The Council appointed an Independent Investigator to investigate the themes of the group complaint around professional practice and the quality of its contact centre. The investigation did not find evidence to support the allegations around poor professional conduct or that Council Officers were not properly supervised. However, it upheld complaints around the contact centre. It found the contact centre did not use strengths-based practice and was not transparent in feedback it gave to parents. The Independent Investigator made recommendations to the Council. The Council said it is implementing service improvements.
10. We will not investigate the complaints about wider practice further. Firstly, the Council has investigated and taken steps to address concerns where identified. Further investigation by the Ombudsman would not lead to a different outcome. In addition, the Office for Standard in Education, Children’s Services and Skills (OFSTED) inspects children’s services. It is best placed to consider wider thematic concerns about the Council’s social work practice. Given the nature of the complaint OFSTED is best placed to deal with the matters raised. If Ms X remains dissatisfied with a particular social worker’s conduct and fitness to practice, these concerns are best dealt with through Social Work England.
11. We will also not investigate any complaints about how the Council has dealt with SARs. The Information Commissioner’s Office (ICO) considers complaints around how organisations respond to requests for personal information.
12. We will also not investigate Ms X’s individual complaints about the Council’s involvement with her in 2021. That is because the complaints are late. It would have been appropriate for Ms X to complain to the Council and use the Children’s Statutory Complaints process at the time.

Back to top

Final decision

13. We will not investigate Ms X’s complaint because further investigation will not lead to a different outcome and there is a different body best placed to consider it.

Back to top

Investigator's decision on behalf of the Ombudsman