West Berkshire Council (25 023 971)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 29 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council completing and using an inaccurate Child and Family Assessment because there is not enough evidence of fault.
The complaint
- Mr X complains the Council used a Child and Family Assessment after he disputed its legal basis and information within it. He also complains about complaint handling.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X has a young son, Y. In September 2025 Y’s school made a safeguarding referral. The Council carried out a Child and Family Assessment. Mr X did not consent to the assessment. The Council told him that Y’s mother had consented to the assessment.
- Mr X complained that the Child and Family Assessment report contained inaccurate information about him and about Y. During the assessment the social worker contacted Mr X to ask him to participate but he refused.
- I will not investigate this complaint. The Council had a legal duty to carry out an assessment, and it explained this to Mr X. The Council engaged with Y’s school, Y, and relevant professionals.
- Mr X disagrees with information provided by professionals. The Council included this and historic information about Mr X because it was relevant to the assessment. The Council followed the appropriate procedures when making this decision and I cannot therefore criticise it.
- Mr X has also complained about complaint handling. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman