Summary: Mr and Mrs B complained the Council misrepresented their family in a single assessment and it included factually incorrect data. They also complained the quality of the support the Council provided in practical sessions was poor and the conduct of an officer in two telephone conversations was unreasonable. We do not find the Council was at fault.

The complaint

1. Mr and Mrs B complained the Council misrepresented their family in a single assessment and it included factually incorrect data. They say the quality of support the Council provided in practical sessions was poor. Finally, they say the conduct of an officer in two telephone conversations was unreasonable and the officer showed a disregard to Mr B’s neurodiverse condition.
2. Mr and Mrs B say the matter has had a detrimental impact on their family. They no longer trust the Council’s children’s services department.

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The Ombudsman’s role and powers

3. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered information from Mr and Mrs B. I made written enquiries of the Council and considered information it sent in response.
6. Mr and Mrs B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Relevant law and guidance

7. The Children Act 1989, section 17, requires councils to safeguard and promote the welfare of ‘children in need’ in their area, including disabled children, by providing appropriate services for them. All disabled children are regarded as ‘children in need’ and entitled to an assessment under section 17. These assessments are sometimes called ‘single assessments’.
8. Assessments should take account of the needs of the whole family. While some services may be offered directly to the disabled child, services may also be offered under section 17 to parents or siblings.
9. The Chronically Sick and Disabled Person’s Act (CSDPA) 1970, section 2, requires councils, when undertaking an assessment of a child under section 17 of the Children Act 1989, to consider whether it is necessary to provide support of the type referred to in section 2.
10. Services which can be provided under section 2 CSDPA include:

• practical assistance in the home including home based short breaks/respite care;
• recreational/educational facilities including community based short breaks; and
• travel and other assistance.

What happened

11. Mr B contacted the Council in September 2022. He said he and Mrs B did not have enough support to manage their eldest child (C). C has special educational needs. Mr and Mrs B had been in contact with the Council previously about support for their family.
12. The Council assigned an officer (Officer B) to the file. Officer B contacted C’s school and an organisation that previously supported the family for some further information. She also contacted Mr B. Mr B said he wanted help to stabilise and improve C’s mental health.
13. The Council transferred Mr and Mrs B’s case to a different team. It assigned a different officer (Officer C) to work with the family. Officer C provided Mr and Mrs B with parenting support.
14. The Council held a multi-agency meeting with Mr and Mrs B and member of staff from C’s school in late November. The school agreed to continue providing support for C and the family. The Council said Mr and Mrs B would need to continue using strategies suggested by professionals to support C, and they would need to engage in specialist parenting support. It said the school would continue to monitor C’s and Mr and Mrs B’s progress.
15. Mr and Mrs B contacted the Council in March 2023 and said C’s behaviour had been challenging. The Council assigned an Officer (Officer D) to their case to complete a single assessment. Officer D visited Mr and B’s children at school and got information from various agencies. It also spoke to Mr and Mrs B virtually.
16. The Council completed the single assessment at the end of April. Officer D emailed Mr and Mrs B and said she could not identify any further support from the children’s services department that would benefit the family. She said the school would put in place support for their youngest child and make a referral for C to receive mental health support. She also said Mr and Mrs B should reapply for respite hours, and continue to work with a mental health agency to seek specialist support for C. She closed the case.
17. Mr and Mrs B contacted the Council in May and highlighted their ongoing difficulties with C. Officer D had two telephone calls with Mr and Mrs B about the issues. The Council’s note of the call says Mr and Mrs B wanted specialist support for C. Mr B said he did not feel it was safe for C to be at home, and the only way to protect both children was for them not to be left unattended. Officer D said it was Mr and Mrs B’s responsibility to ensure their children were safe.
18. The Council reviewed Mr and Mrs B’s case after the phone call. It decided to reopen it and assign an officer to provide further support and strategies for them.
19. Mr and Mrs B complained to the Council in late May. They said the quality of support from Officer C was questionable. They also said Officer D’s conduct in two telephone calls caused Mr B severe distress and upset. They said the Council misrepresented their family in the single assessment and there were numerous inaccuracies. They provided the Council with detailed comments on the single assessment. This included questions about whether their children’s schools were consulted, and their disagreement with the Council’s views on whether they had engaged with support. They also said C had not received an attention deficit hyperactivity disorder (ADHD) assessment, and therefore the inclusion of this in the single assessment was wrong.
20. The Council responded to Mr and Mrs B’s complaint in August. It said it received information from their children’s schools. It said it would amend the assessment to include what professionals it consulted with, and it would amend a typographical error. It also said Officer D received information from a doctor who assessed C at the mental health agency in April. It said it would add the information they provided about the status of any assessments.
21. Mr and Mrs B referred their complaint to stage two in August. They said the doctor from the mental health agency assessed C for mental health issues, not ADHD.
22. The Council issued its final response to the complaint in November. It said it received further information from the mental health agency after it completed the single assessment, and therefore it was not possible to include it beforehand. It said it had added the updated information to C’s social care records.

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Analysis

23. Mr and Mrs B say Officer C’s support during the practical sessions was questionable. The Council’s view is it provided appropriate support and strategies to help Mr and Mrs B, but they did not always engage fully in the sessions. There are conflicting views from both parties about the sessions. The Council does not have detailed records of the sessions and what was discussed. Therefore, I cannot form a view, even on the balance of probabilities, whether the Council was at fault for its handling of the sessions.
24. I have reviewed the notes of the telephone calls Officer D had with Mr and Mrs B. There is nothing in the notes which suggests the Officer D’s conduct was unreasonable or showed a disregard to Mr B’s neurodiverse condition. Therefore, I do not find fault.
25. Mr and Mrs B have raised detailed issues about the single assessment. When the Council responded to Mr and Mrs B’s complaint, it agreed to amend the assessment to remove a typographical error and include further information about who it consulted with. In its response to my enquiries, the Council has agreed to add some of Mr and Mrs B’s comments to their records to ensure their views are on file.
26. I have looked at Mr and Mrs B’s comments. Most of them relate to their disagreements with professional opinions. Officers are entitled to form their own professional view on what support the family requires and how Mr and Mrs B engaged with the support on offer. I appreciate Mr and Mrs B strongly disagree with the Council’s views, but there is no evidence of fault. As I have stated above, the Council has added Mr and Mrs B’s disagreements to their records. This is an appropriate response.
27. Mr and Mrs B are unhappy the Council stated C received an ADHD assessment. They also say C’s school stated it did not contribute to the assessment, and so the Council was wrong to include the school’s views. When the Council responded to my enquiries, it said Officer D contacted the mental health agency on the phone. The doctor at the agency said he had assessed C for ADHD. Officer D then included this information on the same day in the single assessment. Therefore, the Council was not at fault for using the information it had been provided with. It has confirmed if it receives any further information from the mental health agency, it will add it to the file. This is the correct approach.
28. The Council has provided me with evidence it contacted C’s school and sought its views. The school’s views are accurately represented in the assessment. I do not find fault.

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Final decision

29. I have completed my investigation. The Council was not at fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman