Summary: There was no fault in how the Council involved and responded to Mr X during a Child in Need plan. The Council’s actions were in line with its guidance. Nor was there any fault in how it responded to Mr X’s complaints about the same matter.

The complaint

1. Mr X complained the Council did not listen to his views during the time when it was supporting his daughter under a Child in Need (CIN) plan. He also said it was wrong to say his daughter had not consented to him having information.
2. Mr X believed had the Council acted appropriately, then the outcome for his daughter may have been different and this has caused him unnecessary stress and inconvenience following up on his concerns.

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The Ombudsman’s role and powers

3. 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)
4. 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.
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 spoke to Mr X and considered the information he provided.
7. I considered the Council’s comments and the documents it provided.
8. I have considered the statutory guidance, Working Together to Safeguard Children 2023 and information on the Council’s website about how it will work with families.
9. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

What should have happened

Child in need assessments

10. The Council have a general duty to provide services to support children in need under section 17 of the Children Act 1989. To fulfil this duty, practitioners carry out assessments of the needs of the child.

The Council’s website

11. The Council’s website sets out the broad principles it will follow when safeguarding the welfare of children. These include making sure any response is child centred by taking account of their views and wishes. The Council says it will do this by ensuring its assessments are focused on achieving the best outcomes for children.
12. It also highlights the importance of taking a holistic approach and understanding a child’s needs within their family setting, including parents, carers, and their wider family.

Principles of good administrative practice.

13. In 2018, we published guidance for Council’s dealing with complaints. In that guidance we emphasised the following:
• Stating the criteria for decision making and giving reasons for decisions;
• explaining and responding to any delays proactively, and;
• being service user focused by responding flexibly.

What happened

14. In September 2023, the Council contacted Mr X about his daughter (G). This coincided around the same time Mr X found out G was pregnant.
15. According to the case notes, the Council told Mr X that social workers had carried out two assessments, one on G and another on G’s unborn child. The Council told Mr X who the social workers were, and it also told him the unborn child would be monitored under a CIN plan. Finally, the notes show the Council recorded Mr X’s comments made during this discussion.
16. In late September, Mr X raised several questions with the Council, relating to his dissatisfaction of the involvement of Children’s Social Care in G’s case. In early October, the Council responded to this and explained it’s involvement in G’s case. It also told Mr X it could not share all the information it had.
17. In mid-December, the Council gave Mr X an update it had closed G’s CIN plan. It also told Mr X the CIN plan for G’s unborn child would remain open to Children’s Social Care.
18. Mr X wrote to the Council and expressed his concerns about this decision. From the information I have seen, the Council replied to Mr X and gave its reasons for this decision.
19. In January 2024, the Council made an offer for Mr X to attend a CIN plan meeting it was holding in relation to G’s unborn child. Mr X could not attend, saying he had only been given very short notice. Following this, Mr X made a formal complaint about his general dissatisfaction.
20. In late January, the Council sent Mr X its final response, setting out the outcome of its investigation into his complaint.

My findings

21. Due to the sensitive nature of the subject and the third-party information provided by the Council, which I cannot share with Mr X, I have not included any details beyond those necessary to understand my decision. 
22. I have reviewed Mr X’s complaint and his concerns. I have also seen the Council’s documents and case notes. On balance of the evidence I have seen, when considered alongside Mr X’s complaint, I have not seen any evidence the Council’s actions are at fault.
23. Furthermore, based upon our expectations for Council’s dealing with complaints, the evidence shows the Council’s responses to Mr X’s complaints were reasonable and proportionate.

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Final decision

24. I have ended my investigation with a finding of no fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman