London Borough of Redbridge (19 001 097)

Category : Children's care services > Child protection

Decision : Not upheld

Decision date : 16 Dec 2019

The Ombudsman's final decision:

Summary: Ms X complains about delays and unfair comments by a social worker following a disclosure by her daughter that she was sexually abused. The Council conducted a timely investigation of both disclosures and including consideration by an Initial Child Protection Conference. There is no evidence of delay in making referrals to other support services.

The complaint

  1. Ms X complains about the actions of the Council following a disclosure of sexual abuse by her daughter. In particular, she complains about delays in the process, delays in making referrals and unfair comments made by a social worker.
  2. Ms X says the situation has been extremely distressing.

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What I have investigated

  1. This investigation is concerned with the Council’s actions in respect of the initial disclosure and the action it took in response. I explain below at paragraph ??? the matters I have not considered.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
  2. If we are satisfied with a council’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)

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How I considered this complaint

  1. As part of the investigation, I have:
    • considered the complaint and the documents provided by the complainant;
    • made enquiries of the Council and considered the comments and documents the Council provided; and
    • sent my draft decision to both the Council and the complainant and invited their comments.

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What I found

  1. In June 2017, Ms X’s daughter, B, disclosed her step-father had kissed her on the lips. Ms X reported this to the police on a Friday. The police contacted the Council on the following Monday and a strategy meeting was held that day. The outcome of the strategy meeting was to proceed to a Section 47 investigation.
  2. The Section 47 investigation found the concerns were substantiated but that as the step-father was no longer in the home, there was no ongoing risk to B.
  3. In July further disclosures of sexual abuse were made. Actions taken included an interview with B and a medical investigation. A Child and Family assessment (CAF) was completed on 28 July. This raised concerns about B experiencing emotional harm. A strategy discussion was held the same day with all professionals agreeing B was at risk of suffering emotional harm. Section 47 enquiries were agreed with a view to progressing to an Initial Child Protection Conference (ICPC).
  4. The Section 47 enquiry substantiated concerns that B was at a continuing risk of significant emotional harm. An ICPC was held on 11 August at which the threshold for a child protection plan was met.

Analysis

  1. Ms X complains about delays in the process, delays in making referrals and about unfair comments made by the social worker.
  2. I have not found any evidence of delay in respect of the actions taken in June and July following disclosures of sexual abuse. After the initial referral from the policy on 12 June, the Council held a strategy discussion the same day. The notes of this discussion are detailed and show proper consideration was given to the issues. A section 47 investigation started which found the concerns were substantiated but there was no continuing risk to B. I find no evidence of delay in respect of these actions.
  3. After the further, more serious disclosures, in July 2017 the correct procedure was followed. The CAF was completed with in the 45 working day timescale. The section 47 investigation substantiated the concerns about emotional abused and the ICPC took place within 15 working days.
  4. While I have not found evidence of delay by the Council in investigation the reports of abuse and emotional harm, there is evidence of delay in the Council’s complaint investigation. The Council should have provided a response to Ms X’s stage 2 complaint within 20 working days however it was not completed until 11 months after it was made. The Council has apologised for this and offered Ms X £100 in recognition of the delay. It has also reviewed and revised its complaints monitoring process.
  5. I am satisfied the Council has taken appropriate action in response to the fault identified.
  6. Ms X also complains about delays in making referrals and the impact this had on B. The stage two investigation report dealt with a complaint about this issue. The investigating officer found Ms X had taken a proactive approach and contacted agencies herself. However, he also found no evidence of delay by the Council in making appropriate referrals. Information in the investigation report shows a referral was made to the Child and Adolescent Mental Health Service (CAMHS) on 4 August along with referrals to two other external agencies that support girls and young women. B’s first appointment with CAMHS was on 10 August.
  7. While I can appreciate Ms X was very concerned about B after she made such serious disclosures, I am not persuaded the Council delayed in making referrals. In her complaint to the Ombudsman, Ms X has not presented any new evidence to suggest the information in the investigation report is wrong.
  8. Ms X also complains about the language used by the social worker at the ICPC in August 2017. The ICPC was held due to concerns about emotional harm some of which was related to the behaviour of Ms X. Ms X raised concerns about the language used in the reports, in particular that she was manipulating B. The stage two investigation considered this complaint. The investigating officer looked at the information presented by professionals at the ICPC. The reports of three professionals raised concerns about manipulation.
  9. The ICPC focusses on the needs of the child and so it was correct for the Council to include and consider the information provided by other professionals. As the reports raised concerns about manipulation it was essential this was included. Ms X may not agree with this assessment but I cannot conclude it was wrong for the Council to include this working. Ms X has not provided any new information to suggest the outcome of the investigation report is flawed.

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Final decision

  1. I will now complete my investigation as there is no evidence of fault in this case.

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Parts of the complaint that I did not investigate

  1. I am unable to consider the actions of the police. This includes the decision not to prosecute Ms X’s ex-partner and the delay by the police in carrying out a second interview with her daughter. Any matters relating to action in the courts also falls outside the Ombudsman’s jurisdiction. So I cannot consider complaints about what was said in court or in written in documents provided to the court.

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Investigator's decision on behalf of the Ombudsman

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