Summary: following my enquiries, the Council decided to make a referral to the Disclosure and Barring Service (DBS). The DBS will consider Mrs M’s allegations against her son’s carer. I have ended my investigation because there is nothing more I can achieve.

The complaint

1. Mrs M complains the Council has not taken action against her son’s carer following an incident. The Council described the incident as a private matter, not a safeguarding incident or position of trust matter. Mrs M disagrees.

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What I have investigated

2. I have considered the Council’s response to Mrs M’s concerns. I have not investigated the allegations against the carer.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We may decide not to start or continue with an investigation if we believe it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I have considered:
• information provided by Mrs M;
• information provided by the Council;
• the Children Act 2004;
• Working Together to Safeguard Children. A guide to inter-agency working to safeguard and promote the welfare of children published by the Government in July 2018.
5. I invited Mrs M and the Council to comment on my draft decision.

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What I found

6. Mrs M’s son, B, is 9. Mrs M says B has no awareness of danger and requires constant supervision. He has autism and epilepsy. B has no speech.

Safeguarding children

7. Safeguarding and promoting the welfare of children are important council functions.
8. The law says councils must ‘make arrangements for ensuring their functions are discharged having regard to the need to safeguard and promote the welfare of children.’ (Children Act 2004, section 11(2)(a))
9. Councils must also make arrangements for ensuring ‘any services provided by another person pursuant to arrangements made by the [council] in the discharge of [its] functions are provided having regard to that need.’ (Children Act 2004, section 11(2)(b))

Allegations against people in positions of trust

10. Organisations and agencies working with children and families should have clear policies for dealing with allegations against people who work with children. Policies should make a clear distinction between an allegation, a concern about the quality of care or practice or a complaint.
11. An allegation may relate to a person who works with children who has:

• behaved in a way that has harmed a child, or may have harmed a child; or
• possibly committed a criminal offence against or related to a child; or
• behaved towards a child or children in a way that indicates they may pose a risk of harm to children.

12. Councils should, in addition, designate a particular officer, or team of officers, to be involved in the management and oversight of allegations against people who work with children. The officer is known as the LADO (local authority designated officer).
13. Councils should put in place arrangements to provide advice and guidance to employers and voluntary organisations and agencies on how to deal with allegations against people who work with children. They should also ensure that there are appropriate arrangements in place to liaise effectively with the police and other organisations and agencies to monitor the progress of cases and ensure that they are dealt with as quickly as possible, consistent with a thorough and fair process.

Direct payments

14. People who are eligible for certain council services – including some education and social care – may be entitled to receive money to contract, purchase and manage services themselves. These are known as ‘direct payments’.

What happened

15. B receives direct payments from the Council which Mrs M used to pay for one-to-one support from a local independent care provider.
16. Mrs M says there was an incident on 24 June 2018 when the carer was supporting B at a local leisure centre. She says B left the building on his own while the carer was arguing with the centre manager.
17. Mrs M says that this, and other incidents of poor care, were recorded on CCTV.
18. Following Mrs M’s complaint, B’s social worker visited the leisure centre and viewed the CCTV footage. B's social worker then made a referral to the LADO.
19. The LADO considered the information and decided the incident did not meet the Council’s threshold for the ‘allegations against people in positions of trust’ procedures. The LADO decided the incident should be dealt with as a concern about the quality of care instead.
20. Mrs M is unhappy with the LADO’s decision and complains the Council has not taken any action against the carer. She no longer uses the care provider, but she is concerned that other vulnerable children may be at risk.
21. Mrs M complained to the Council. A senior officer reviewed the Council’s handling of the case. He wrote to Mrs M in December 2018. He said he agreed with the LADO’s assessment.

Consideration

22. The Ombudsman does not decide whether the incident Mrs M reported was an allegation, a concern about the quality of care or a complaint. This is the Council’s job. The Council, not the Ombudsman, decides what action to take. The Ombudsman’s role is to check the Council made its decision properly.
23. B’s social worker completed a referral form which clearly sets out the details of the incident.
24. The Council decided the incident was a concern about the quality of care, and specifically about the level of supervision the carer provided B. The LADO noted that B had not come to any harm, and the carer’s actions did not appear ‘intentional’. The LADO recommended ‘a conversation’ with the carer about his responsibilities. The LADO decided the Council would keep a record of Mrs M’s concerns, but would not progress to a ‘position of trust meeting’ or take further action.

The Council’s response to my enquiries

25. In response to my enquiries, the Council said,

“The Local Authority stands by its decision that the case did not meet the criteria for LADO involvement. […] However, after further review of the case the Local Authority will make a direct referral to the Disclosure Barring Service.

26. The Disclosure and Barring Service (DBS) maintains a register of people who are barred from working with vulnerable people. When an employer or other organisation has concerns that someone has either caused harm or has the potential to cause harm to vulnerable groups, they may make a referral to the Disclosure and Barring Service. The person will be invited to make representations before the DBS decides whether they should be barred from working with vulnerable groups.

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Final decision

27. The Council has now taken action against the carer: the Council has referred Mrs M’s concerns to the Disclosure and Barring Service (DBS). The DBS will decide whether the carer can work with children.
28. Now the Council has taken action, and this is what Mrs M wanted, I have ended my investigation. There is nothing I could achieve by further investigation.

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Investigator's decision on behalf of the Ombudsman