Summary: We will not investigate Mr X's complaint about the actions of Children's Services in responding to safeguarding concerns. This is because further investigation is unlikely to find evidence of fault in the Council's actions.

The complaint

1. Mr X complains about the actions of Children's Social Care in relation to his child, Y. Mr X says the Council acted on allegations which he says were false, resulting in Y being taken into care, himself and Y's mother being arrested and taken into police custody, and lengthy Family Court proceedings. Mr X says this caused significant distress and anxiety and resulted in a prolonged period without contact or information about Y. Mr X believes the Council acted unfairly and with bias against the family. Mr X wants an independent investigation, an apology, disciplinary action against the officers involved, financial compensation, and for Y to return home.

Back to top

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, or
• we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Council considered Mr X's complaint and did not uphold it. The Council said it acted in response to safeguarding concerns raised about Y and in accordance with its statutory duties.
6. Councils have a duty to make enquiries where they have reasonable cause to suspect a child is suffering, or is likely to suffer, significant harm. Following safeguarding concerns being raised about Y and the subsequent arrest of Y's parents and ongoing court proceedings, the Council arranged accommodation for Y under section 20 of the Children Act 1989 with parental agreement.
7. Section 20 of the Children Act 1989 says Councils shall provide accommodation for a child in need where those caring for the child are prevented from providing suitable accommodation or care. This is different from a child being removed from their parents' care under compulsory court powers.
8. While Mr X disputes the allegations made and notes that the criminal proceedings were later withdrawn. This does not, by itself, mean the Council acted with fault when responding to the safeguarding concerns raised about Y.
9. When a Council has concerns about a child, the law requires it to take action to find out more. It only has to have ‘reasonable cause to suspect’. This is a lower burden of proof than that used by the Police or the Courts who require evidence ‘beyond reasonable doubt’.
10. We will not investigate Mr X’s complaint as based upon the evidence I have seen further investigation would be unlikely to find evidence of fault in the Councils actions.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because further investigation would be unlikely to find evidence of fault in the Councils actions.

Back to top

Investigator's decision on behalf of the Ombudsman