Summary: We will not investigate this complaint about a decision to substantiate a safeguarding concern involving Mr X. There is not enough evidence of fault to warrant investigation because the decision was within the range open to the Council given the evidence before it.

The complaint

1. Mr X said the Council wrongly substantiated a safeguarding concern involving him.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council, including a confidential unredacted copy of the record of the decision.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Child protection operates on a low threshold as the intention of legislation is to protect children from harm. Where children allege matters and professionals reach the view that there is a risk of harm, they can decide to substantiate a safeguarding concern.
6. Mr X had not seen exactly what was alleged, so I asked for and received unredacted materials. These found the children involved had made several allegations, and were concerned they would not be believed. The professionals at the meeting that considered the allegations found them credible and consistent with what professionals had themselves observed. They took the view that Mr X’s parenting style was likely to have caused emotional harm. Given what the children had alleged and the evidence before the decision makers, the Council was entitled to find the concerns substantiated. That Mr X disputes the decision is not evidence of fault.

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Final decision

7. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman