The Ombudsman's final decision
Summary: Miss C said the Council was at fault for placing her child on a child protection plan because she was in a relationship with a convicted sex offender. Miss C asked to withdraw her complaint. We have ended our investigation as it is proportionate to do so.
The complaint
The complainant, Miss C, said the Council was at fault for placing her child, X, on a child protection plan, (CPP) because she had begun a relationship with Mr E who, the Council learned, had been placed on the sex offenders register.
She said this had caused injustice to her and her son as they were denied the family life that they wanted.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint, it would be reasonable for the person to ask for an organisation review or appeal.
(Local Government Act 1974, section 24A(6)) 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 spoke to Miss C. I wrote an enquiry letter to the Council. I was awaiting its response when the Council informed me of Miss C’s decision to withdraw her complaint.
Miss C and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
What should happen 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) Under section 47 of the Children Act 1989, where a council has reasonable cause to suspect that a child in their area is suffering or is likely to suffer significant harm, it has a duty to make such enquiries as it considers necessary to decide whether to take any action to safeguard or promote the child’s welfare. Such enquiries should be initiated where there are concerns about abuse or neglect.
Anyone who has concerns about a child’s welfare should make a referral to children’s social care and should do so immediately if there is a concern that the child is suffering significant harm or is likely to do so.
The council should make initial enquiries of agencies involved with the child and family, for example, health visitor, 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. 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.
Section 47 of the Act places a duty on agencies, but mainly the council and the police, to make “such enquiries as they consider necessary to enable them to decide whether to take action to safeguard or promote the welfare of a child in their area”.
If the information gathered under section 47 supports concerns and the child may remain at risk of significant harm the social worker will arrange an initial child protection conference (ICPC). The ICPC decides what action is needed to safeguard the child. This might include making the child a ‘child in need’ (CiN) and implementing a safety plan.
Definition of harm Harm means ill-treatment or the impairment of health or development, including, for example, impairment suffered from seeing or hearing the ill-treatment of another. (The Children Act 1989 31(9)) Alternative definition of harm Councils have a duty to make enquiries where a child is considered to be suffering or likely to suffer significant harm (the term used in the Act). The enquiries must establish the child’s situation and to determine whether protective action is required. Significant harm covers the risk of physical, sexual and emotional abuse or neglect. (Children Act 1989, section 47) Responsibility for keeping children safe Everyone who works with children has a responsibility for keeping them safe. If children and families are to receive the right help at the right time, everyone who encounters them has a role to play in identifying concerns, sharing information, and taking prompt action. (Working Together to Safeguard Children) What happened Miss C is the single parent of a child, X. In 2020, she began a relationship with a man, Mr E, who is on the sex offenders register having been convicted of sexual offence for which he served a prison sentence. In late 2020, the police found out about this relationship and informed the Council.
The Council, fearing that X was at risk of abuse, commenced a s.47 investigation and set up an ICPC. It said Mr E could not live with Miss C. Miss C found this frustrating as she says Mr E poses no risk to X. This ban has remained in place until 2022.
Miss C says that, over the next year and a half, six social workers were assigned to her case and little if any progress was made in reaching a solution.
Miss C complained to the Council in September 2021. The Council did not uphold her complaint. Miss C came to the Ombudsman.
Since then, Miss C says, progress has been made and so she has decided to withdraw her complaint to the Ombudsman.
Analysis Given that Miss C no longer wishes to pursue her complaint, it is proportionate and appropriate to end my investigation.
Final decision
I have ended my investigation.
Investigator's decision on behalf of the Ombudsman