Summary: The Ombudsman will not investigate this complaint about the Council contacting a family member to raise safeguarding concerns. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains that the Council contacted his daughter to raise concerns about his grandchildren.

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The Ombudsman’s role and powers

2. 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 provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I considered comments Mr X made in response to a draft of this decision.

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What I found

4. Armed police attended an incident involving Mr X’s household/family. The police contacted the Council’s safeguarding team because children were present during the incident and the following search.
5. A social worker spoke to the children’s mother about the incident and the referral from the police. She explained that the children could be at risk if exposed to violence. She said the mother needed to take steps to protect the well-being of her children. The Council took no other action.
6. Mr X complained. He said the social worker accused him of being violent, dangerous and aggressive. Mr X said his daughter was upset with the way she was spoken to. In response, the Council said it had a duty to act following the referral from the police. The Council said the call was not recorded so it was impossible to know what words were used. However, the purpose of the call was to protect his grandchildren.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council.
8. Mr X says he was not present during the incident and he is not violent or an alcoholic. However, the Council has a duty to protect children. It received a report from the police to which it had to respond. I appreciate Mr X says he was not present but an incident occurred which exposed the children to distressing events. It was the event which triggered the safeguarding concerns.
9. The Council responded appropriately by making sure Mr X’s daughter was aware of the incident and stressing that she needs to keep her children safe. It is unfortunate that the mother was distressed by the call but there is nothing to indicate the Ombudsman needs to start an investigation.

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Final decision

10. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman