Summary: Mr F complains about the Council’s actions following an allegation by his ex-partner he harmed their daughter. There is no fault in the Council’s actions.

The complaint

1. Mr F complains about the actions of the Council following an allegation by his ex-partner he harmed their daughter. In particular, Mr F complains he was told to leave the home he shared with his wife and step-children while the Police investigated the allegation. Mr F returned home when the Police decided to take no further action. He complains the Council believed his daughter’s allegation.

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What I have investigated

2. I have investigated the London Borough of Barnet’s response to concerns for the welfare of Mr F’s daughter. I have not investigated the allegations against Mr F. This was done by a different council responsible for the area where the alleged harm took place. We advised Mr F he could make a separate complaint against this Council.

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The Ombudsman’s role and powers

3. 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 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

4. I have considered:
• information provided by Mr F; and
• information provided by the Council.
5. I invited Mr F and the Council to comment on my draft decision.

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What I found

6. Mr F and his ex-partner, Ms M, have a daughter, G. Ms M and G live in Barnet. Mr F lives in a different borough, Borough 1, with his wife and step-children.
7. Ms M reported concerns to Barnet about an incident that took place between Mr F and G at a restaurant. Barnet referred the matter to the Council responsible for the area where the restaurant is, Borough 2. A social worker from Barnet visited Ms M and G with a social worker from Borough 2 and a police officer.
8. The Council for Borough 2 held a strategy discussion with the Police and decided to carry out a child protection investigation. Borough 2 made a referral to Borough 1 where Mr F lives with his wife and step-children.
9. The social worker from Barnet visited Ms M and G again to carry out a child and family assessment. Following the assessment, the Council concluded Ms M could keep G safe and decided not to take any further action.
10. Following an investigation, the Police decided not to take any action against Mr F and Borough 2 ended its child protection investigation.
11. Mr F complains about the disruption to his family life. He thinks the councils were wrong to believe his daughter’s allegations and he should not have been asked to leave his family home.
12. He complained to Barnet about the conduct of the social worker who visited Ms M and G. He complained the social worker spoke to G on her own and believed her allegations. He complained the Council did not listen to his side of the story. Unhappy with the Council’s response, he complained to the Ombudsman.

Child Protection Investigations

13. Anyone who is concerned that a child is suffering or at risk of harm should inform the Council. If the Council has reasonable cause to suspect the child is suffering, or is likely to suffer, significant harm it must make enquiries to decide whether to take action protect the child or promote her welfare. (Children Act 1974, section 47(1))
14. The government has issued guidance to Councils managing cases where there are concerns about a child’s safety or welfare. (Working Together to Safeguard Children)
15. The London Safeguarding Children Partnership has its own safeguarding children procedures. (London Child Protection Procedures)
16. Both the national guidance and the local procedures emphasise the importance of listening carefully to children when they report concerns.
17. Following a referral, the Council must decide within one working day whether it is going to begin an investigation. Before starting an investigation, the Council must hold a strategy discussion with the Police to decide what action to take.
18. An allegation somebody has harmed a child may also be a report of a criminal offence. If this is the case, there may be a Police investigation and a criminal prosecution at the same time as the Council investigation.

Consideration

19. Barnet’s role in Mr F’s case is limited. The Council made a referral to Borough 2 and undertook a children and families assessment. During the assessment, G disclosed information the Council passed on to Borough 2 and the Police. The Council was satisfied Ms M could keep G safe and provide her with appropriate support following her allegations. The Council took no further action.
20. There is no fault in the Council’s actions. The Council listened to G’s concerns and referred them to Borough 2 and the Police for further investigation. The Council satisfied itself G was safe and receiving appropriate support.
21. Other councils were responsible for the child protection investigation and the arrangements Mr F made to leave his family home. We advised Mr F he could make separate complaints against these councils. The Councils must have an opportunity to respond before Mr F can refer the matter to the Ombudsman.

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Final decision

22. I have completed my investigation. There was no fault by the Council in its response to Ms M’s concerns Mr F harmed their daughter, G.

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Investigator's decision on behalf of the Ombudsman