Summary: We will not investigate Mr X’s complaint about a children services referral. There is not enough evidence of significant fault or injustice to justify an investigation.

The complaint

1. The complainant, whom I shall call Mr X, complains about a children service referral and the Council’s response to it.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. Mr X says that in March 2022 the Council completed a children services referral form, for his child, Z, called a MASH form, incorrectly, he says with significant errors. He says he was not provided with the NHS referral, which prompted this, before the MASH form was completed. He says he did not see the MASH form or the NHS referral until two months later, and after a social worker started working with the family. He says the Council did not tell him the child in need plan it created for Z was optional. He says the Council held meetings without telling him.

Background law and guidance

6. Councils have a duty to investigate if there is reasonable cause to suspect that a child in their area is suffering, or is likely to suffer, significant harm. They must decide whether they should take any action to safeguard or promote the child’s welfare. (Children Act 1989, section 47)
7. Section 17 of the Children Act 1989 says councils must safeguard and promote the welfare of children within their area who are in need.
8. A child is in need if:
• they are unlikely to achieve or maintain a reasonable standard of health or development unless the council provides support;
• their health or development is likely to be significantly impaired unless the council provides support; or
• they are disabled.
9. When a council assesses a child as being in need, it supports them through a child in need plan. This should set clear, measurable outcomes for the child and expectations for their parent. Councils should review child in need plans regularly.

Analysis

10. We would not criticise the Council for not providing the referral before the MASH form was completed or to allow parents to comment on the MASH form at the start.
11. The nature of child protection and child in need duties require meetings which the parent has no prior knowledge of.
12. Whilst it is not best practice for the Council to delay in providing Mr X with the MASH form, it is not significant enough fault to justify an investigation.
13. I have considered the faults Mr X has told us about the MASH form. They are not significant enough to flaw the form.
14. Mr X says he was not told the child in need plan was voluntary until recently. Given the plan is there to improve Z’s health, there is not enough significant injustice to Mr X by not knowing it was voluntary.

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Final decision

15. We will not investigate Mr X’s complaint because there is not enough significant maladministration or injustice to justify an investigation.

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Investigator's decision on behalf of the Ombudsman