Summary: We will not investigate this complaint about the Council undertaking a child protection enquiry. There is not enough evidence of fault by the Council to warrant investigation.

The complaint

1. Mr X said the Council engaged in discriminatory practices against him as a parent of a disabled child by not following procedural guidelines for undertaking a child protection enquiry.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The threshold for a child protection enquiry is low. Where a matter is reported or alleged that gives reason to believe a child may be suffering or at risk of suffering significant harm, a council must convene a safeguarding strategy meeting promptly. If the professionals at that meeting have reason to believe a child may be suffering or at risk of suffering significant harm, they may decide a child protection enquiry is needed. A council does not need to interview an adult who may have been alleged to have harmed a child before starting the process. It is the role of the child protection enquiry to establish whether a child has been placed at risk, and to protect the child. That the concerns raised are not later substantiated does not mean the decision to start the process was fault, or that we could find it as fault. In this case, concerns were raised regarding Mr X’s child that the Council could, if it had substantiated them, have regarded as significant harm. That Mr X maintains the Council could have avoided the child protection enquiry does not mean an investigation by us would be likely to lead to a finding of fault.

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Final decision

6. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s action to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman