Summary: Miss B complained the Council said it had to tell her child’s father, the child is on a child protection plan. Miss B said the child’s father was domestically abusive and if the Council shared this information with him, it would put her at risk. We have not found fault with the Council.

The complaint

1. Miss B complained the Council said it had to tell her child’s father, the child is on a child protection plan. Miss B said the child’s father was domestically abusive and if the Council shared this information with him, it would put her at risk.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), 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(i), as amended)

Back to top

How I considered this complaint

4. I considered:
• Miss B’s complaint and the information she provided;
• documents supplied by the Council;
• Council’s policies and procedures;
• relevant legislation and guidelines.
5. Miss B and the Council had the opportunity to comment on a draft decision.

Back to top

What I found

Legislation and guidance

6. Parental responsibility is defined in s 3(1) Children Act 1989 as being all the rights, duties, powers, responsibilities, and authority which by law a parent of a child has in relation to the child and his property.
7. The Department for Education’s statutory guidance ‘Working Together to Safeguard Children’ and the Children Act 1989 set out how the child protection system should work. Local safeguarding partners are responsible for child protection policy, procedure and guidance at a local level.
8. Under section 47 of the Children Act 1989, where a council has reasonable cause to suspect that a child in their area is suffering or is likely to suffer significant harm, it has a duty to make such enquiries as it considers necessary to decide whether to take any action to safeguard or promote the child’s welfare. Such enquiries should be initiated where there are concerns about abuse or neglect.
9. Working Together to Safeguard Children (2018) says during section 47 enquiries social workers should:
• interview parents/ carers and determine the wider social and environmental factors that might impact on them and their child;
• systematically gather information about the child’s and family’s history; and,
• discuss the outcome of the enquiries with the parents.
10. Berkshire West Safeguarding Children Partnership has a procedures manual for safeguarding. For child protection enquiries it states, “the assessment of risk will consider the capacity of the parents and wider family and social networks to safeguard and promote the child's welfare - this must include both parents, any other carers, such as grandparents, and the partners of the parents”.
11. The Council commissions Brighter Futures to deliver children’s social care, early help & prevention, and educational services.  

What happened

12. Miss B has a child, C. C’s father is Mr D. Both Miss B and Mr D have parental responsibility for C.
13. Brighter Futures held an initial child protection conference for C in August 2022. Attendees agreed C should have a child protection plan under the category of emotional abuse. Attendees drew up a safety plan for C. One of the actions was for the social worker to obtain legal advice about whether to involve Mr D in the process given he presented a risk to Miss B and C.
14. The social worker sought advice from a service manager. The service manager advised Mr D had a right to know C was on a child protection plan because he had parental responsibility. The manager told the social worker the first step would be to speak to Mr D about the situation and see if he wanted to be part of C’s life. The manager said they could withhold personal information from Mr D, for example C’s school and Miss B’s address.
15. Brighter Futures held a child protection conference for C in November 2022. C’s social worker told the meeting Mr D would need to be involved because he has parental responsibility for C. Miss B disagreed with this decision and said she would get her own legal advice. Brighter Futures told Miss B she could make a formal complaint about its decision.
16. After the meeting, Miss B complained to Brighter Futures because she did not want it to tell Mr D C was on a child protection plan. Miss B shared that Mr D was domestically abusive to her and C had witnessed this. She said Mr D posed a risk to her and C.
17. Brighter Futures did not uphold her complaint. Brighter Futures said it sympathised with her concerns, but it was a legal requirement for it to contact Mr D as C’s father. Brighter Futures urged her to seek independent legal advice about the matter if she was not satisfied with its response. It also signposted her to the Ombudsman.

Analysis

18. While I recognise Miss B’s concerns about Mr D being approached by Brighter Futures, it has a responsibility to do so under ‘Working Together to Safeguard Children’ and Berkshire West Safeguarding Children Partnership’s procedures.
19. Brighter Futures can consider whether to withhold personal information from Mr D about Miss B and C if sharing it would put them at risk.

Back to top

Final decision

20. I have completed my investigation and do not uphold Miss B’s complaint.

Back to top

Investigator's decision on behalf of the Ombudsman