Summary: Mr B complained the Council wrongly recorded and shared inaccurate information about him in an email and in Section 47 enquiries. The Council say the information was professional opinion and have offered to allow Mr B the choice of having his own statement added to the file. We find no fault in the Council’s recording or sharing of the information.

The complaint

1. Mr B complains the Council recorded inaccurate information about him which it then shared with another local authority. Mr B says this was due to the gender bias of a social worker who did not review or consider the information he provided which described him as a victim of domestic violence. He says the recorded information has caused him distress and he would like a review and amendment to the information recorded.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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)
3. 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)
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)
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

6. I have spoken to Mr B and considered the documentation and photographs he supplied in support of his complaint.
7. I have made enquiries with the Council and considered the documentation it provided.
8. I have sent Mr B and the Council a copy of a draft and I have considered their comments before making a final decision.

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What I found

Child protection investigations

9. The Children Act 1989 (the Act) sets out the circumstances where a council may become involved in family life because of concerns for a child’s welfare. The law places an overarching duty on councils to act in the best interests of the child.
10. Councils may receive referrals from third parties expressing concerns about a child’s welfare. These are made under ‘safeguarding’ procedures; a set of policies and procedures used by organisations to report concerns for a child’s welfare and by councils in investigating those concerns.
11. Some referrals engage Section 47 of the Act. This provides for the council to respond to concerns a child may be at risk of ‘significant harm’. In turn, this covers the risk of physical, sexual, emotional abuse or neglect. Under this section of the Act the council can make such enquiries as it considers necessary to safeguard or promote a child’s welfare. The Act says councils should seek access to any child whose welfare it is making enquiries about.

Working Together to Safeguard Children 2018

12. This is statutory guidance for local authorities and other agencies on how they should work together. It sets out the principles, processes, and timescales for carrying out child protection investigations.
13. A council has a legal duty to investigate where it has reasonable cause to suspect that a child is suffering or at risk of suffering significant harm (the term used in the 1989 Children Act). The council’s primary responsibility is to safeguard the welfare of the child.
14. If a council accepts a referral for a child under section 17 or 47 of the Children Act 1989, it must carry out a needs assessment. It is important that the impact of what is happening to a child is clearly identified and information is gathered, recorded, and checked systematically, and discussed with the child and their parents/carers where appropriate.
15. Every assessment should draw together relevant information gathered from the child and their family and from relevant practitioners including teachers and school staff, early years workers, health practitioners, the police and adult social care.

What Happened

16. In April 2020 Mr B lived with his wife, Mrs C and their son, Y. The Council received a safeguarding referral for Y due to concerns of domestic abuse between Mrs C and Mr B.
17. Between April and August 2020, the referral was discussed at a multi-agency risk assessment conference (MARAC). At this meeting several agencies were involved notably the police, health, and education.
18. The Council’s Children’s Services department completed several reports including a family assessment in June 2020 where the social worker interviewed and assessed both Mr B and Mrs C. This document included details of an alleged domestic abuse incident where Mr B said Mrs C had assaulted him. It also included details of the Domestic Violence Prevention Order (DVPO) that had been granted by the Magistrates’ Court against Mrs C in April 2020.
19. Section 47 enquiries were also conducted by the Council in December 2020. This document included supporting information from the police, education, and health agencies. The social worker’s analysis noted that “There is a long history of Mr B perpetrating domestic abuse…” The next sentence also said there were concerns Mrs C has also physically assaulted Mr B.
20. The Council’s notes also show Mrs C made counter allegations where she alleged Mr B had assaulted her.
21. In December 2020 the Council shared information with another local authority after learning that Y had moved to a different local authority area.
22. The Council emailed similar professionals at the local authority where Y was now resident. The email said “Due to the level of concern held regarding Mr B being the perpetrator of domestic abuse towards Mrs C and Y’s exposure to repeated incidents of domestic abuse…” The Council also included the Family Assessment and Section 47 enquiry documents which detailed the history of domestic abuse within the family which also detailed the allegations made by Mr B that he had been assaulted by Mrs C and was also the victim of domestic abuse.
23. In his complaint, Mr B says the section of the report describing him as a perpetrator of domestic violence was inaccurate and said the social worker involved displayed gender bias. He said the Council has failed to consider:

• previous and current reports and police logs where he was the victim of domestic abuse;
• photographs of injuries he alleged Mrs C had caused; and
• a Domestic Violence Protection Order (DVPO) issued by the Court which restrained his partner from having contact with him.

24. Mr B asked the Council to reflect on the statement and queried why it had sent a report to another local authority which contained inaccuracies. He said he thought the Council should check whether he had disagreed with the report before sharing it with another local authority. Mr B asked the Council to amend its records.
25. The Council responded under its corporate complaint’s procedure. It did not uphold his complaint and said the social worker had considered all relevant material and the history of domestic abuse at strategy meetings. It said the Council recognised the situation was complex and there had been incidents when Mr B was both the victim and perpetrator of domestic abuse. It said it could not change or amend the social worker’s professional opinion.
26. The Council said there was no evidence the social worker had been gender biased towards Mr B. It said that while it had been unaware that Mr B was disputing the contents of the report, it had an obligation to share relevant information with another agency under its information sharing duties.
27. Mr B was dissatisfied with the response. He questioned why the Council had not relied on the information he had supplied, and it had gathered. Mr B said the Council should present its opinion in a neutral way after it had recognised he was both a victim and the perpetrator at times.
28. The Council said it had discussed the matter with its Information Governance Team. It noted that social worker’s professional opinion could not be changed but offered Mr B the opportunity to add his own statement to the file, disputing he was the perpetrator of domestic abuse. It said any further professional reading the statement could see that he disputed the social worker’s opinion. The Council said Mr B did not respond to this offer.
29. Mr B was not satisfied with the response and complained the Ombudsman in January 2021.
30. As part of my enquiries, I asked the Council to send me the exact text and document that Mr B felt was inaccurate and biased. The Council replied and sent me the Section 47 enquiry conducted in December 2020 and an email that was sent to another local authorities due to Y now being resident there. Both documents contained the social worker’s professional opinion that Mr B was ‘a perpetrator of domestic abuse.’

Analysis

31. When considering complaints about child protection matters, we are not an appeal body. We cannot question the merits of the decision the Council has made or offer any opinion on whether we agree with the judgment of the Council’s officers. Instead, we focus on the process by which the Council made its decision. A child protection investigation will inevitably be distressing for any parent. It is therefore important things are done properly.
32. The main issue for me to consider is whether the Council acted with fault when it recorded that Mr B was the perpetrator of domestic abuse.
33. The records show a history of domestic abuse allegations against both Mr B and Mrs C and these were discussed at strategy meetings with other professionals involved with the family. The Council must consider if the evidence suggests the child is at risk and that means the social worker reaching a professional judgment. The evidence shows the Council’s social worker drew together all relevant information from several sources and considered that before reaching a professional opinion. Therefore, I find no fault with how the Council’s social worker reached their professional opinion.
34. The purpose of the Section 47 enquiry is to safeguard and assess risk to the child, Y, and the social worker’s role is to give their professional opinion. The Council shared with the authority in whose area Y now lives documents and records including the Section 47 investigation and family assessment report. These together with the email and report to which Mr B objects record the police action and court order against Mrs C for domestic violence toward Mr B. These records formed the basis for the Council’s social worker’s professional view on whether any risks are posed to the Y by either parent or both.
35. Mr B disagrees with the Council’s social worker’s opinion. However, that is not evidence of fault. The Council has shown it followed the correct procedure, gathered all relevant information before reaching a judgment and shared that information as it may do with another local authority under its information sharing duties.
36. From the records I have seen there is no evidence of gender bias by the Council as it clearly considered and recorded the actions of both parents. It gathered relevant information from other agencies and spoke to both Mr B and Mrs C and based its reports on information gathered from other relevant parties. The Council carried out the assessment in line with guidance as we would expect it to do.
37. Mr B has a right to rectification under the Data Protection Act 2018 which means he may ask the Council to amend any factual errors. The Council has offered Mr B the opportunity to submit a statement it will attach to the record so this may be read with the social worker’s professional opinion. The Council say that Mr B has not provided such a statement.
38. The Council’s offer complies with usual professional practice. If Mr B believes the record contains factually incorrect information, he has the right to ask the Information Commissioner’s Office to intervene.

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Final decision

39. I have completed my investigation by finding no fault with the Council.

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Investigator's decision on behalf of the Ombudsman