Summary: The Council was not at fault. It considered Miss X’s safeguarding concerns and her request for the Council to provide accommodation for her child. The Council investigated and acted appropriately.

The complaint

1. Miss X complained the Council did not consider her safeguarding concerns or social care requests around her child, Y, which she raised with the Council from 2023. Miss X said Y’s behaviour deteriorated and it affected the whole family causing distress and frustration.

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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 consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended).
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended).
4. 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(1), as amended).

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What I have and have not investigated

5. As explained in paragraph three above we cannot investigate late complaints unless we decide there are good reasons. Miss X complained to the Ombudsman about events starting in early 2023. I have decided to investigate the period from early 2023 when Miss X had concerns about Y’s behaviour, this was relevant to the subsequent events that were not late. My investigation ended in spring 2024 when the Council made a decision a Child in Need plan was no longer needed.

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How I considered this complaint

6. I considered evidence provided by the Council and Miss X and spoke to her on the telephone. I also considered relevant law, policy and guidance and the Council’s response to my enquiries.
7. Miss X and the Council had an opportunity to comment on my draft decision. I considered comments received before making a final decision.

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What I found

Relevant law and guidance

Child Protection

8. 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)
9. Anyone who has concerns about a child’s welfare should make a referral to children’s social care and should do so immediately if there is a concern that the child is suffering significant harm or is likely to do so.
10. Where a child’s need is relatively low level, individual services and universal services may be able to take swift action. Where there are more complex needs, the council may offer a service under section 17 (child in need) or section 47 (child protection) of the Children Act 1989.
11. 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 may include a recommendation that the child should be supported by a child protection plan.

Children Act 1989- section 20

12. Section 20 under the Children Act 1989 allows a council to accommodate a child in certain circumstances if the person with parental responsibility agrees. The child would then become “looked after”. If the child cannot be cared for by their parents, the law expects the council to consider placing them with family or friends before considering foster care.

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What happened

13. Y is a child that attended a special school, School 1. In 2022 School 1 took the decision to educate Y offsite with one-to-one tuition due to Y’s behaviour. In early 2023 Miss X stopped Y attending their tuition sessions because of her concerns. Miss X said Y was at times left on their own during those sessions and became involved with criminal and antisocial behaviour. Y did not attend any educational placement and their behaviour deteriorated. Miss X did not report it as a safeguarding referral at the time.
14. In summer 2023 a Child and Youth Justice Service social worker had concerns that Y was exposed to child criminal exploitation. The social worker made a safeguarding referral to the Council. This referral was closed by the Council because at that time Y was living outside of the Council area with their father, Mr Z.
15. The next day an officer from the council where Y was staying with Mr Z raised a safeguarding referral to Lancashire County Council for support for Y. Concerns were raised about Y’s continuing antisocial and criminal behaviour and Miss X and Mr Z were concerned about Y’s safety and wellbeing. The Council contacted Miss X by telephone. Miss X wanted Y to have a safe place to live where all their care and wellbeing needs were met and to explore family support. The Council recommended support with a multiagency early help plan. Y returned to live with Miss X. Miss X allowed a family support worker to carry out an initial visit and then the family disengaged with this Council support.
16. A month later Miss X complained to School 1 Chair of Governors and the Council. She raised concerns about Y not receiving basic safeguarding support when they were receiving tuition in early 2023. Miss X said this affected Y’s behaviour. She also had concerns about Y’s education. The Council arrange new alternative educational provision for Y, to start in autumn 2023.
17. In late summer 2023 the Council completed an early help assessment for Y. Early help services are part of a range of support councils can provide for children with different levels of need. The Council record said at first Y engaged with the Council and Y agreed to work with its Children and Family Wellbeing Team (CFW) to help support them. Y soon became disengaged with this process.
18. The Council began to arrange a team around the family (TAF) meeting which involved other professionals working with Y. In response to my enquiries the Council said no TAF meetings however took place between summer and autumn 2023 ‘due to poor engagement’ by Y. The Council said there was no further CFW involvement with Y since that time.
19. Miss X stopped Y attending their new alternative educational placement in late autumn 2023 because she wanted different educational provision for Y.
20. In late 2023 Miss X telephoned the Council and raised concerns about a potential family breakdown. Miss X said Y could not return to her care because of safeguarding concerns for a sibling that lived at the family home. She had child exploitation concerns about Y and wanted Y to receive professional help, including Y to stay at a Council run home with 24-hour support under section 20 of the Children Act 1989. The Council spoke to another family member who agreed Y could stay at their house. The Council decided the threshold had not been met for Section 47 safeguarding enquiries. The Council records noted it would carry out a risk assessment for Y and it would transfer the case to its Children’s Social Care Team. The Council records note there was a delay in the assessment because at first Miss X refused consent for it to carry out the assessment and would not work with Y’s social worker.
21. Miss X later agreed to work with professionals. In early 2024 the Council met Y and Miss X. The Council completed a child and family assessment which said the family needed further support.
22. Y’s behaviour deteriorated and Miss X asked again for the Council to accommodate Y, under section 20, and for Y to live in Council supported accommodation. The Council informed Miss X it would not accommodate Y which she says caused her distress. Miss X agreed to attend a multi-agency Family Group Conference. It recommended the family was supported under a Child in Need plan which Miss X and Y agreed to. The Council started Y’s Child in Need plan. However, Y would not engage with the professionals.
23. The family’s case transferred to the Council’s Family Safeguarding Team in Spring 2024. Later that month the Council records showed Miss X told the Council she no longer wanted support from its Children’s Services or the Child in Need plan. She said she would not attend any Child in Need meeting or allow any access to home visits. The Council ended the Child in Need plan. The Council also decided it did not have enough concern to begin an initial child protection conference (ICPC). The Council closed Y’s case with its Children Services.
24. A local MP complained to the Council on Miss X’s behalf about Miss X’s safeguarding concerns. The Council responded to the MP and said its Children’s Social Care Team had provided support to the family.
25. Miss X remained unhappy and complained to us.

My findings

26. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome.
27. The Council’s focus was to safeguard and promote Y’s welfare. On receiving safeguarding referrals for support for Y and the family, complaints about safeguarding concerns and requests under section 20 of the Children’s Act to accommodate Y, the Council responded to each issue in line with the processes we would expect.
28. The Council considered the evidence and assessments. It kept the situation under review. It:
• provided support through multi-agency early help plans;
• started to arrange multi-agency team around the family meetings;
• arranged alternative educational provision for Y;
• contacted other relatives who agreed to look after Y temporarily;
• completed a child and family assessment;
• arranged a multi-agency Family Group Conference which resulted in a Child in Need plan and put one in place; and
• considered if Y’s case met the threshold for a child protection plan.
29. Y’s situation and needs changed regularly. Decisions had to be taken for short periods of time depending on where Y lived and whether Y and the family engaged with professionals and the support on offer. When Miss X or Y would not engage with the Council processes, the Council needed to reassess its support and approach.
30. The records show the Council acted appropriately and followed the procedures we expect for support to a child in need, requests for a child to be accommodated, and for safeguarding concerns. Therefore, it was not at fault.

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Decision

31. I have completed my investigation finding no fault.

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Investigator's decision on behalf of the Ombudsman