Summary: Ms X complained the Council failed to provide appropriate support to her and her children since July 2022, provided incorrect information in a safeguarding investigation against her and refused to consider evidence she tried to provide. There was no fault in the Council’s actions.

The complaint

1. Ms X complained the Council failed to provide appropriate support to her and her children since she requested it in July 2022. Ms X said this caused her and her children distress and she struggled to meet her children’s needs. Ms X also complained the Council provided incorrect information in a safeguarding investigation against her and refused to consider evidence she tried to provide. Ms X said this caused her distress and she lost her job as a result. Ms X wanted the Council to provide appropriate support for her and her children and to correct its records.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the police. (Local Government Act 1974, sections 25 and 34(1), as amended)
4. 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, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. 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

6. I read the documents Ms X provided and discussed the complaint with her on the phone.
7. I considered the documents the Council sent in response to my enquiries.
8. Ms X 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 legislation and guidance

Children Act 1989

9. 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)
10. Section 47 of the Act places a duty on agencies, but mainly the council and the police, to make “such enquiries as they consider necessary to enable them to decide whether to take action to safeguard or promote the welfare of a child in their area”.
11. If the information gathered under section 47 supports concerns and the child may remain at risk of significant harm the social worker will arrange an initial child protection conference (ICPC). The ICPC decides what action is needed to safeguard the child. This might include making the child a ‘child in need’ (CiN) and implementing a safety plan.
12. Where a child’s need is relatively low level, individual services and universal services may be able to take swift action, this is referred to as Early Help. Where there are more complex needs, the council may offer a service under section 17 (child in need) or section 47 (child protection) of the Children Act 1989.  

Allegations against adults who work with children

13. Everyone who works with children has a responsibility for keeping them safe. If children and families are to receive the right help at the right time, everyone who encounters them has a role to play in identifying concerns, sharing information, and taking prompt action. (Working Together to Safeguard Children) 
14. The guidance says council’s must ensure there are clear policies for dealing with allegations against people who work with children. An allegation may be that the person who works with children has:
• behaved in a way that has harmed a child, or may have harmed a child;
• possibly committed a criminal offence against or related to a child;
• behaved towards a child or children in a way that indicates they may pose a risk of harm to children; or
• behaved or may have behaved in a way that indicates they may not be suitable to work with children.
15. The Council should have a designated officer (LADO) to be involved in the management and oversight of such allegations. The LADO should provide advice and guidance to employers and organisations dealing with allegations against people who work with children. The investigation into the allegation is carried out either by the police where there is an alleged criminal offence, or by the persons’ employer. The employer investigation will often not begin until any police investigation is complete. The LADO does not conduct the investigation.
16. The LADO ensures there is effective liaison with the police, the employer and other relevant organisations through allegation management meetings with the relevant professionals. The LADO monitors the progress of the case and ensures it is dealt with quickly and consistently through a fair and thorough process.
17. The professionals attending the final allegation management meeting will determine if, on the balance of probability the allegation is substantiated or not. It is a multiagency decision.

What happened

18. The following is a summary of the key events that occurred between July 2022 and May 2023. It is not intended to be a detailed chronology.
19. Ms X has children. At the time of the events complained about Ms X was employed working with children.
20. The Council started a child and family assessment for Ms X and her children in June 2022. It set out the support the Council had provided to the family. It said the children had previously been on both child protection and child in need plans. It recorded it had offered parenting, emotional, financial support and family therapy. In July the assessment concluded there was no need for further intervention from children’s social care.
21. Ms X contacted the Council again in July and said she wanted support with parenting. The Council records show it provided advice.
22. Ms X contacted the Council in November 2022 and asked for support with finances and school transport. The Council provided information and advice.
23. Ms X contacted the Council in December 2022 and asked for additional support. The Council offered Early Help, completed an assessment and put a team around the family plan in place.
24. The Council received a referral from another agency in January 2023 with concerns for Ms X’s wellbeing and her children attending school. The Council completed a safety plan with Ms X and started a child and family assessment. The Council completed the assessment at the end of March and decided the children needed support through a child in need plan.
25. A family practitioner began working with Ms X and her family in February and provided support around housing, finances and completed direct work with one of her children. The records show that a family practitioner worked with Ms X continuously, providing support beyond the period of this investigation.
26. One of Ms X’s children made an allegation against Ms X in Spring 2023. The children were temporarily removed from Ms X’s care and she was interviewed by the police. The Council held a strategy meeting and based on the information it had, including from the police, agreed further enquiries were required to establish if the children had been caused, or were at risk of significant harm.
27. As a result of those enquiries the Council decided to hold a child protection conference. Ms X attended the initial child protection conference along with professionals from a number of agencies. It recorded the police investigation was ongoing. Based on the information provided during the conference the children were made subject to a child protection plan, under the category of neglect a month later. The child protection plan continued beyond the period of this investigation.
28. The LADO held allegation management meetings with the police and Ms X’s employer. It considered the information from the child protection conference and the police investigation. The meeting decided the allegation against Ms X was substantiated. The LADO advised Ms X’s employer to start its internal investigation and disciplinary processes as appropriate.
29. Ms X states because of the LADO investigation, her employer ended her employment.

Complaint

30. Ms X complained to the Council. Ms X said:
• She had not received any support at all from the Council for the last two years.
• The Council implied the allegations against her had been ongoing for more than ten years.
• The LADO report was biased and caused her to lose her job.
• The information gathered by the LADO was factually incorrect because the allegation made by her child was untrue and it would not consider the evidence she wished to provide.
31. The Council responded to Ms X and said it provided support to Ms X and her children through the child protection plan. It explained the LADO relied on the information it had available to it at the time which was provided by the police. It said it reviewed the LADO involvement and found there were contributions from third parties on which the multi-agency decision was made. All parties agreed on the outcome of the investigation. It said it did not make decisions about Ms X’s employment.
32. Dissatisfied with the Council’s response Ms X complained to us.

My findings

Council support

33. The Council records show it completed several children and family assessments for Ms X and her children over the last few years. It shows it offered support through child protection plans, child in need and early help when it determined it was needed following the assessments. In addition, it has provided information and advice when Ms X’s asked for it and ongoing support through family practitioners. Although Ms X does not believe the support has met her family’s needs there is no evidence of fault in the Council’s actions and further investigation is unlikely to lead to a different outcome.

LADO

34. The role of the LADO is to oversee any investigation relating to an allegation made against a person working with children and ensure communication between all the relevant organisations. The Council’s LADO held allegation management meetings and considered information provided by the parties present in line with the guidance.
35. The Council’s record of the case conference said the children had been known to it for more than ten years, but the conference was called because of recent allegations. That was accurate information.
36. Ms X said the LADO would not consider the evidence she had to offer. However, Ms X had been interviewed by the police, who provided information to the LADO at meetings. The police interview was the appropriate place for Ms X to provide any supporting evidence she had.
37. Ms X complained about the information provided to the LADO by the police and about her employer’s decision to stop her employment. The LADO was not responsible for either of those matters.
38. There was no fault in the Council’s actions.

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Final decision

39. I have completed my investigation. I found there was no fault in the Council’s actions.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman