The Ombudsman's final decision
Summary: There was no fault in the Council’s actions following Mr X’s report of concerns about his children’s welfare.
The complaint
Mr X complained the Council failed to respond appropriately when he reported concerns about his children’s welfare in December 2020. He said this resulted in his children missing education and suffering neglect and emotional abuse. He wants the Council to acknowledge its failings and the impact these had on his children, provide an apology and improve its services.
The Ombudsman’s role and powers
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 has done. (Local Government Act 1974, sections 26B and 34D, as amended). I have decided there is good reason to investigate this complaint from December 2020. This is when Mr X first raised his concerns with the Council and he says he only realised the impact of the errors following a court judgement in early 2022. I accept this as good reason for why he did not complain sooner about the Council’s actions.
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. 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 read Mr X’s complaint and spoke with him about it on the phone.
I considered information provided by the Council.
Mr X and the Council had the opportunity to comment on the draft decision. I considered their comments before making a final decision.
What I found
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) Parental responsibility A mother automatically has parental responsibility for her child from birth. A father usually has parental responsibility if he is either married to the child’s mother or listed on the birth certificate.
An unmarried father can get parental responsibility for his child in 1 of 3 ways: Jointly registering the child’s birth Getting a parental responsibility agreement with the mother Getting a parental responsibility order from the court Parental responsibility includes the responsibility to provide a home for the child and to protect and care for them. It also includes responsibility for making decisions related to their education and any medical treatment.
What happened Mr X is the father to several children. In 2020, Mr X separated from his partner Ms Y. Ms Y moved to the Council’s area with four of their children. Mr X did not have parental responsibility for the four children, as he was not married to Ms Y nor named on the children’s birth certificates.
In December 2020, Mr X contacted the Council to express concerns about the children’s welfare. The Council considered the information provided and made initial enquiries. It found that that Ms Y was receiving support from relevant Council services and those involved with them had not raised any concerns about the children’s welfare. It concluded there was insufficient evidence the children were at harm or at risk of harm, and so did not need to take further action.
Mr X continued to raise his concerns. The Council reviewed the case and decided to offer Ms Y and the children support through its Early Help Team.
In January 2021, the Council allocated Ms Y and the children a social worker. The Social Worker rang Mr X to explain their role and told him they would be supporting Ms Y and the children. They gathered further information about his concerns. The Social Worker told him that if the Council had concerns about the children’s welfare following its assessment it could increase support or escalate its involvement. They advised him to seek legal advice regarding contact with the children and gaining parental responsibility. They also told him that because he did not have parental responsibility at that time, they could not share information with him about the children. They advised him to raise any further concerns through his own social worker who could pass on any concerns to the Early Help Team.
Between January and April 2021, the Council supported Ms Y and the children. This included ensuring they were attending school and monitoring their welfare.
In April 2021, Children’s Services from Mr X’s council began a child and family assessment to prepare a report for the family court. The Council decided both councils did not need to be involved with Ms Y and the children and so closed the case. It told Mr X’s Council to re-refer Ms Y if they needed further support once their involvement was complete.
The Council supported Ms Y and the children again from June 2021 until August 2021.
Mr X complained to the Council in March 2022. Mr X was dissatisfied with the response provided and brought the complaint to us.
As part of my investigation, I have reviewed Council records related to Mr X’s children between December 2020 and August 2021.
Analysis When Mr X raised his concerns in December 2020, the Council acted appropriately by considering the information he provided and making further enquiries. Based on information gathered, it decided there was insufficient evidence the children were at risk of harm, and so no action was needed. The Council responded to Mr X’s concerns and made its decision based on evidence gathered. This is what we would expect. The Council was not at fault.
The Council reviewed this decision later in December 2020 and decided to provide support for Ms Y and the children. The social worker contacted Mr X in January 2021 and told him of their involvement. They also told him they would not be able to share information about the children with him, as he did not have parental responsibility. They advised him to seek legal advice regarding this and to raise any further concerns through his social worker. This was appropriate advice. As Mr X did not have parental responsibility for the children, the Council did not have to include him in its assessments or decision making, but ensured he was able to raise further concerns and was aware he could apply to the courts for parental responsibility if he chose to do so. The Council was not at fault.
I have reviewed Council records between December 2020 and August 2021. I am satisfied the Council responded appropriately to Mr X’s concerns and acted to ensure the children’s welfare. The Council was not at fault.
Final decision
I have completed my investigation. The Council was not at fault.
Investigator's decision on behalf of the Ombudsman