Summary: Mr X complained the Council breached his human rights in its assessment of the risk he may pose to his child. Mr X would like Council reports about him changed. We have discontinued the investigation because we cannot achieve the outcome Mr X wants.

The complaint

1. Mr X complained the Council breached his human rights and defamed his character in its assessment of the risk he may pose to his child.
2. Mr X said this has negatively impacted his mental health.

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The Ombudsman’s role and powers

3. The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.
4. The Information Commissioner's Office (ICO) considers complaints about freedom of information and data protection. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). The ICO has powers to order rectification of records that we do not.
5. 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 we cannot achieve the outcome someone wants.

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

6. If we are satisfied with an organisation’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

7. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
8. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Law and guidance

9. Councils have a duty to investigate if there is reasonable cause to suspect that a child in their area is suffering, or is likely to suffer, significant harm. They must decide whether they should take any action to safeguard or promote the child’s welfare. (Children Act 1989, section 47)
10. Under section 47 of the Children Act 1989, where a council has reasonable cause to suspect that a child in their area is suffering or is likely to suffer significant harm, it has a duty to make such enquiries as it considers necessary to decide whether to take any action to safeguard or promote the child’s welfare. Such enquiries should be initiated where there are concerns about abuse or neglect.
11. The council should make initial enquiries of agencies involved with the child and family, for example, health visitor, GP, schools and nurseries. The information gathering at this stage enables the council to assess the nature and level of any harm the child may be facing. The assessment may result in:

• no further action;
• a decision to carry out a more detailed assessment of the child’s needs; or
• a decision to convene a strategy meeting.

12. Section 47 of the Act places a duty on agencies, but mainly the council and the police, to make “such enquiries as they consider necessary to enable them to decide whether to take action to safeguard or promote the welfare of a child in their area”.
13. If the information gathered under section 47 supports concerns and the child may remain at risk of significant harm the social worker will arrange an initial child protection conference (ICPC). The ICPC decides what action is needed to safeguard the child. This might include making the child a ‘child in need’ (CiN) and implementing a safety plan.

What happened

14. The following information is relevant to the reasons I have discontinued the investigation. It is not a list of everything that happened.
15. The Council had reason to suspect that Mr X’s child was suffering harm. It carried out an assessment of risk.
16. The Council gathered evidence from various parties, as it should have done.
17. Children’s services decided to remain involved with the family, as a result of the risk assessment.
18. Mr X complained to the Council about its intervention with him, and about the contents of the risk assessment, alongside complaints about the social workers conduct.
19. In the Councils stage one complaint response it identified two areas of fault and apologised to Mr X. Mr X remained unhappy and escalated his concerns.
20. The Council made a response at stage two of its complaint process. The stage two consideration was thorough. Mr X’s complaint was not upheld at this stage, as the Council had acted to address the issues it identified. There was nothing more the Council could offer. The Council signposted Mr X to the Ombudsman.

My findings

21. The Council has admitted fault. It did not meet one to one with Mr X at the time of the risk assessment process, and it did not share the risk assessment report with Mr X in a timely manner. The Council has apologised to Mr X for these things.
22. As part of the complaints process the Council spoke to Mr X and considered his suggestions to improve their working relationship. The Council responded to Mr X at two stages of its complaint process. Both stages were thorough.
23. The Council is obliged to make an assessment of risk. The Council remain involved with the family, and as such, it is expected that the risk assessment will be updated accordingly. The conclusions drawn by the Council about risk are not matters for the Ombudsman to comment on and it is not our role to reach our own view on any risk Mr X may pose to his child.
24. The risk assessment report is a private and confidential document. Such documents would not lead to a public defamation of character.
25. Should Mr X wish to pursue rectification of records he may wish to contact the ICO. Should Mr X wish to pursue the social workers conduct, he may wish to contact Social Work England.

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Decision

26. I have discontinued the investigation because I cannot achieve the outcome Mr X wants.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman