Councils must give clear advice to parents during safeguarding investigations, warns ombudsman

Ombudsman Michael King has delivered the warning following a complaint from a parent who was asked to leave his family home by Newcastle City Council social workers, during a safeguarding investigation.

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When asking a family member to leave a home, social workers need to be clear that this is voluntary, King said.

However, in the Newcastle case this was not made clear to the man, who had been subject to allegations, which were later withdrawn, that he had harmed his children.

After the allegations were withdrawn the man returned home and a support worker was allocated to help the family. But after seven visits this support was stopped without warning, according to the ombudsman's report.

The council took seven months longer than the statutory timeframe to deal with the man’s complaint. The ombudsman also found that during one hearing a social worker suggested that the man had “misunderstood advice given to him” because his first language is not English.

“The man was particularly upset because it was not true, it had not been raised previously, and the panel investigating his complaint was comprised only of white members, following an investigation conducted by a white investigating officer,” said King.

“The officer’s comment led to the man losing trust in the objectivity of the council’s complaints process, and believing that his ethnicity was a contributing factor in the investigating officer agreeing with the council.”

King added: “Councils have a duty to safeguard children when allegations are made that they are at risk of harm, but they cannot insist on a parent leaving the family home without first gaining their voluntary consent.

“In this case, the events that unfolded left the man feeling distressed and insulted. He says his relationship with his family has been irreparably damaged, so I welcome the council already recognising it had work to do to improve its services before the complaint came to me, and had already gone some way to remedying the situation for the man.

“I hope the further recommendations I have made will ensure this situation cannot happen again to other families in the city.”

Kind said that Newcastle City Council has agreed to apologise and pay the complainant £1,150 for his “time, trouble, uncertainty and distress his family has been caused”.

A Newcastle City Council spokesman said: "A complaint was made to the local government and social care ombudsman into the level of service received by a resident.

"Following an investigation, the Ombudsman upheld the complaint and found the council to be at fault. We have apologised and paid compensation to the complainant as ordered by the Ombudsman.

“We are now implementing all of the recommendations contained in the ombudsman’s report."