The Ombudsman's final decision
Summary: Mr X complains the Council has failed to safeguard Child Z and take on board his concerns for Child Z. Mr X complains this has resulted in Child Z remaining at risk. The Ombudsman finds no fault with the Council for how it considered the concerns raised about Child Z. This is because the Council has been able to evidence reasonable decision-making, and it is therefore not a decision the Ombudsman can question.
The complaint
Mr X complains that the Council did not properly safeguard his child. It allowed his child to continue to live with their mother despite several people raising concerns about the child’s welfare.
Mr X complains the Council has failed multiple times in its safeguarding duty to his child and others, and has repeatedly failed to suitably consider his concerns.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended) We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended) If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I considered information from Mr X and documents he provided. I also considered information provided by the Council. I considered comments from Mr X and the Council on my draft decision.
What I found
Legislation Child protection Councils have a duty to investigate if there is reasonable cause to suspect that a child in their area is suffering, or is likely to suffer, significant harm. They must decide whether they should take any action to safeguard or promote the child’s welfare. (Children Act 1989, section 47) The council should make initial enquiries of agencies involved with the child and family, for example, midwives, GP, schools and nurseries. The information gathering at this stage enables the council to assess the nature and level of any harm the child may be facing or at risk of facing. The assessment may result in: no further action; a decision to carry out a more detailed assessment of the child’s needs; or a decision to convene a strategy meeting under section 47 of the Children Act 1989.
What happened Mr X has a son that he shares with his ex-partner, Miss A. Previously Mr X and Miss A lived with their son, Child Z, and a child from Miss A’s previous relationship.
In December 2019, a domestic incident occurred between Mr X and Miss A. Miss A then decided to end the relationship.
Because of the altercation, a referral was made to the Council’s safeguarding team. The Council carried out an assessment determined there was no further role for children’s social care as there were no safeguarding concerns. It referred the family to Early Help to support the family and the communication between Mr X and Miss A.
Mr X contacted the Council with concerns about Miss A’s capacity to care for Child Z.
Mr X also contacted other professionals with concerns for his son’s wellbeing and Miss A’s capacity to care for Child Z.
Between May 2019 and November 2021 the Council received over twenty contacts with its Children’s social care about Child Z. These referrals were from Mr X and Miss A and third party agencies.
The Council reviewed the referrals about Child Z. On some occasions, when it received the referral, it contacted Mr X and Miss A to discuss concerns. It also contacted other professionals and had multi agency discussions as to the nature of the concerns being raised.
The Council decided there were no safeguarding concerns for Child Z. It continued to decide no further action.
Mr X complained to the Council. He felt the Council had failed to act on his safeguarding concerns for Child Z. He felt the Council was allowing Child Z to be mistreated by Miss A and continued to be at risk.
In the Council’s response to the complaint, it said that it had reviewed the referrals received for Child Z, and recognised the concerns raised by Mr X, but that none of the concerns raised warranted safeguarding intervention. It therefore remained of the view it had met its safeguarding duty towards Child Z.
Separately to the referrals to the Council, Mr X and Miss A were subject to private law proceedings about contact with Child Z. The court requested an independent section 7 be carried out about Child Z. A section 7 report looks at the best interests of Child Z.
The court decided that Child Z should live with Miss A, and spend weekends with Mr X.
Mr X complained to the Ombudsman that as the Council had refused to act on his safeguarding concerns, there was little to present to the court and therefore the court had said Child Z should live with Miss A. Mr X also complained that issues he had reported to the Council were substantiated in court.
Analysis The Ombudsman cannot consider the contents of court reports, any issues that have been considered in court or any issues that have had the opportunity to be considered in court. I therefore cannot consider the issues of contact, the evidence submitted in court or the evidence that could have been submitted in court.
However, the Ombudsman can consider Mr X’s complaint before the court action. This includes his concerns raised to the Council about the wellbeing of his son, and his complaint the Council failed to safeguard his son.
Councils have a duty to investigate if they have reason to believe a child is suffering or is likely to suffer significant harm. The Council received a safeguarding referral about the incident between Mr X and Miss A. It made initial enquiries by completing a single assessment. This decision is in line with its statutory duties and is not fault.
I considered the single assessment report and found no fault with how the Council completed the report. It included relevant information gathered from Mr X, Miss A the children and other professionals. The Council carried out the assessment in line with guidance and was not at fault for its decision to refer the family to Early Help and close the case to Children’s social care.
Mr X continued to raise concerns to the Council about Miss X’s capacity to care for Child Z. He also raised these concerns with other professionals.
As part of my enquiries, I requested copies of each referral or contact received by the Council where concerns were raised for Child Z. I also asked the Council to evidence its decision making.
The Ombudsman cannot question decisions made by Council’s where it has been able to evidence suitable consideration of evidence during the decision making process. These are decisions made on merit by Council staff, and cannot be challenged by the Ombudsman because a complainant may disagree with the outcome.
Each of the referrals received by the Council documents a history of the family, the current issues, and any concerns. The Council has been able to evidence that where appropriate, it discussed the concerns with Mr X or Miss A, and in some cases it had multi agency discussions with other professionals.
The decision to take no further action on the concerns raised by Mr X was a decision the Council was entitled to make. The Council has been able to evidence its decision-making process and how it has considered the concerns raised in line with its statutory duties.
Mr X feels the concerns he is report are safeguarding concerns, however the Council is of the view they are not safeguarding concerns.
There is no fault with the Council in how it reached its decision to take no further action about Mr X’s concerns. I am satisfied there was no fault in how the Council made its decision to take no further action. Therefore, it is not a decision the Ombudsman cannot question.
Final decision
I have now completed my investigation. I find no fault with the Council for how it considered concerns raised by Mr X for Child Z.
Parts of the complaint that I did not investigate During the complaints process, Mr X submitted a file of evidence to the Council for review. This was the same file he had the opportunity to submit during the court process. As a result the Council said it could not consider issues that had had the opportunity to be considered in court. The Ombudsman is of the same view that it cannot consider things that have already had the opportunity to be considered by the court.
Investigator's decision on behalf of the Ombudsman