Summary: The Council was duty bound to make a safeguarding referral when it had concerns for Mrs X’s child, Y, and investigate the referral in line with its safeguarding processes. The Council was not at fault.

The complaint

1. Mrs X complained the Council made unfounded safeguarding referrals saying she failed to engage with the Council as it tried to secure the provision in her child, Y’s, Education, Health and Care (EHC) Plan. Mrs Y says this has caused her distress and has impacted her ability to properly care for Y. She wants the Council to apologise and compensate her for the distress caused

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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. 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(1), as amended)

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How I considered this complaint

4. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
5. Mrs X and the Council have 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

The Law

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. Anyone who has concerns about a child’s welfare should make a referral to children’s social care and should do so immediately if there is a concern that the child is suffering significant harm or is likely to do so.
8. The council should make initial enquiries following a safeguarding referral. The information gathering at this stage enables the council to assess the nature and level of any harm the child may be facing. The assessment may result in:

• no further action;
• a decision to carry out a more detailed assessment of the child’s needs; or
• a decision to convene a strategy meeting.

9. 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”.
10. 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) 
11. Where a child’s need is relatively low level, individual services and universal services may be able to take swift action. Where there are more complex needs, the council may offer a service under section 17 (child in need) of the Children Act 1989. If the Council has no concerns for the child’s welfare, a family can decide whether it wants that service or not.

What happened

12. Mrs X’s child, Y, had a Child in Need plan and Education, Health and Care (EHC) Plan. In 2024 the Council had no direct involvement with Y due to an ongoing dispute with Mrs X. It told Mrs X it would like to carry out a new Child and Family assessment of Y to ensure it had a clear understanding of their needs. Mrs X told the Council she did not know why it needed a new assessment.
13. The Council arranged a strategy meeting with professionals working with Y, including professionals Mrs X had engaged directly without the Council’s involvement. After the meeting it told Mrs X it now had a clearer idea of who was working with Y. It told Mrs X it wanted to continue the Child in Need plan but needed Mrs X’s engagement to do so. It offered another Child and Family assessment but said if Mrs X refused or did not respond to the request it would cease the Plan.
14. Mrs X did not respond so the Council ceased the Plan.
15. In 2025 the Council received a safeguarding referral from its education service about Y. It considered the referral and decided to take no further action.
16. The Council emailed Mrs X to explain the reasons for the referral and reiterate that support was available if needed but it could not offer Child in Need support without Mrs X’s consent. It said the threshold for support without Mrs X’s consent had not been met.
17. Mrs X remained unhappy and complained to the Council. She said she felt she was being targeted and the referral was unfounded. The Council rejected the complaint. It said its staff had a duty of care to raise safeguarding concerns and the referral had gone no further. Mrs X complained to the Ombudsman

My findings

18. The Council’s education service had concerns over Y’s welfare due to a lack of engagement from Mrs X. While Mrs X disagrees that there was any need for these concerns, the education service was under a duty to act on its concerns. The foundation of child protection is that anyone who has concerns about a child’s welfare should make a referral. The Council was entitled to make the referral, and the Ombudsman would have been critical had it not done so. The Council was not at fault.
19. The Council’s social care team had a duty to investigate the referral and did so. It decided not to act on the concerns and to repeat its offer of support to Mrs X. Again, the Council was under a duty to consider the referral, and the Ombudsman would have been critical had it not done so. It considered the information and acted accordingly. It also explained the nature of the referral to Mrs X and continued its offer of support. The Council was not at fault.

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Decision

20. I find no fault.

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Investigator's decision on behalf of the Ombudsman