Summary: Mr X complains about the Council’s handling of a safeguarding concern. He says the Council did not take any action despite knowing his son was present during the assault. The Ombudsman does not find fault with the Council’s decision.

The complaint

1. Mr X complains about the Council’s handling of a safeguarding concern. Mr X reported that his son was present when his mother assaulted a neighbour. He says the Council has not taken any action despite knowing his son was present during the assault. Mr X said this incident happened after the private care proceedings and so this incident was not discussed in court.

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The Ombudsman’s role and powers

2. 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)
3. 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)
4. 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

5. I spoke with Mr X and considered the information he provided.
6. I made enquiries with the Council and considered the information it provided.
7. I sent a draft decision to Mr X and the Council and considered their comments.

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What I found

8. Mr X has a son, A. Mr X is separated from A’s mother.
9. In September 2018, Mr X reported a safeguarding concern regarding an incident involving A’s mother. Mr X says A was present when his mother allegedly assaulted someone. Mr X said A was scared after witnessing the incident. Mr X said he reported the concern again in October 2018. Mr X made a complaint in November 2018 as the Council had taken no action following his referral.
10. In its stage one response, the Council said it did not receive the referral in September 2018. The Council said it contacted the police when it received the referral in October 2018. The police confirmed there had been an incident in August 2018 but reported there was no child present during the incident.
11. Mr X was not happy with the response and asked the Council to investigate his complaint at stage two. The Council responded and said the case recordings showed A was present and had been taken to a neighbour’s house after the incident. The Council partially upheld the complaint but took no further action.
12. In response to my enquiries, the Council said it did not complete an assessment because there were no safeguarding concerns. The Council said this was because A did not witness the alleged assault.

Analysis

13. The Council initially stated A was not present when the alleged assault took place. The Council later said in its stage two complaint response that A was present because the case recordings showed he was taken to a neighbour’s house after the incident. The Council then said there were no safeguarding concerns because A did not witness the alleged assault.
14. The Council’s response to Mr X’s concerns have been slightly confusing with regards to whether A was present during the alleged assault. However, I have examined the evidence and it is clear the police did not record that A was present during the incident. Therefore, on balance, I am of the view A did not witness the alleged assault.
15. The evidence shows the Council acted when Mr X reported his concerns by contacting the police. This action was appropriate in the circumstances. The Council used the information it received from the police to decide what action to take. The Council decided not to complete an assessment because A did not witness the alleged assault.
16. The Council is entitled to reach a decision if that decision has been reached properly. The evidence shows the Council considered all relevant information when it made its decision. Therefore, I cannot find fault with the Council’s decision because it was made properly.

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Final decision

17. I find no fault with the Council’s decision to take no further action following concerns raised by Mr X. I have therefore completed my investigation.

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Investigator's decision on behalf of the Ombudsman