Summary: We will not investigate Mrs X’s complaint about the Council not sharing information about her child. There is not enough evidence of fault by the Council.

The complaint

1. Mrs X complains about the Council not sharing information about her child who is in its care. She says the Council failed to:
• clearly explain what information she is entitled to;
• address safeguarding concerns she raised about her child; and
• set out a clear plan for rebuilding a relationship with her child.
2. She says the matter has caused her significant distress. She wants the Council to clearly explain what information she can receive, involve her in future care planning and provide a structured plan to rebuild a relationship with her child.

Back to top

The Ombudsman’s role and powers

3. 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))

Back to top

How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I also considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Under the Children Act 1989, councils have a duty to act in the best interests of looked after children, safeguard and promote their welfare, and to take into account their views and wishes. Parents keep their parent responsibility even when a child is in the Council’s care, and they have a right to be told and consulted about relevant decisions.
7. Mrs X’s child is a looked after child in the Council’s care. Mrs X asked the Council for information about her child. The Council said it could not share some information because her child did not consent.
8. Mrs X complained to the Council about its refusal to share information about her child. She said she had safeguarding concerns due to her child’s health. She also asked what information she was entitled to and what the Council was doing to rebuild her relationship with her child.
9. The Council explained it must seek a child’s consent before sharing information if the child is over 16, or if they are under 16 but competent to make decisions about themselves. It explained it would override a child’s wishes if they were at risk of significant harm. It confirmed Mrs X’s child had now agreed to share some information, including details about where she is living and the support she receives. It also explained its social worker continued to work with Mrs X to support building relationships with her family.
10. Mrs X is dissatisfied with the Council’s response.

Mrs X’s case

11. I am satisfied the Council was entitled to limit the information it shared with Mrs X where her child did not provide consent. The Council also confirmed the child later agreed to share some information, and it has passed this on to Mrs X.
12. I am also satisfied the Council has complied with its legal duties and that its complaint response:
• adequately explains the reasons it cannot share certain information with Mrs X, and what further information she is entitled to;
• addresses her safeguarding concerns and explains the circumstances her child’s wishes may be overridden; and
• adequately explains what action it is taking to rebuild the relationship between her and her child.

The fact that Mrs X would prefer a more detailed response does not amount to fault by itself and I am satisfied the Council’s response provides a sufficient explanation of its actions and plans.

13. The evidence I have seen also shows the Council has kept Mrs X informed of relevant decisions concerning her child and has taken action to support rebuilding the relationship between Mrs X and her child, while also considering the child’s wishes and views.

Back to top

Final decision

14. We will not investigate Mrs X’s complaint because there is not enough evidence of fault by the Council to justify us investigating.

Back to top

Investigator's decision on behalf of the Ombudsman