Summary: We will not investigate this complaint about the Council’s alleged attempt to remove Mr X’s children from the family home. This is because we would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council attempted to remove his children from the family home after he decided they would be home schooled.
2. Mr X said he and his family have been caused distress and upset by the Council’s actions.

Back to top

The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating.

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

Back to top

How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The Council first became involved with Mr X, his partner and his children Y and J in 2015 after it received multiple referrals from the police and NHS regarding domestic abuse taking place in the family home.
7. In 2021, the Council received a referral from Y’s school. The school reported Y’s attendance was very low. The Council carried out a child and family assessment and decided to make Y and J subject to child in need plans as there were concerns the children’s educational and social needs were not being met by their home schooling.
8. The Council then carried out a section 47 enquiry. Mr X would not engage with social workers sent to assess the children and the Council opted to hold a child protection conference. Following the conference, the children were made subject to a child protection plan under the category of neglect due to ongoing concerns regarding the children’s health and education along with Mr X’s non-involvement with the process.
9. The child protection plan continued until May 2023 when Mr X began to engage with the assessment process and the children started attending school again. The Council subsequently satisfied itself that its involvement with Mr X’s family was no longer necessary.
10. Mr X remains unhappy with the Council’s decision to initiate safeguarding proceedings and wants us to find the Council at fault. The Council had a legal duty to make enquiries after receiving the referral. It was also required to take action if evidence indicated the children were at risk of harm. The Council followed the correct process when it made the children subject to child protection plans and continued to follow this process by regularly reviewing the plans. These were reasonable actions for the Council to take.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because we would be unlikely to find fault with the Council’s actions.

Back to top

Investigator's decision on behalf of the Ombudsman