Agenda item

To present the findings of the Ombudsman’s investigation and seek formal consideration and noting of the conclusions, including the Council’s response and amended practices.

The committee received a report which presented the findings of the Ombudsman’s investigation and sought formal consideration and noting of the conclusions, including the Council’s response and amended practices.

The report set out the findings of the Local Government and Social Care Ombudsman regarding a complaint by Miss X about the Council’s intervention following the premature birth of her child in 2022. The Ombudsman identified several faults in the Council’s handling of the case, including unwarranted escalation to child protection processes and legal proceedings, poor communication, and reliance on unevidenced assumptions, alongside a Breach of Human Rights as per Article 8 of the Human Rights Act 1989: ‘respect for private and family life’.  These failings caused additional distress, uncertainty for Miss X and resulted in missed opportunities to provide appropriate support.

The Council accepted the findings and completed a learning review with the Cheshire East Safeguarding Children’s Partnership (CESCP), which produced a series of recommendations aimed at changing practice and procedure.  A financial remedy and formal apology were also issued to Miss X.

All Ombudsman recommendations had been actioned, and audit work was being undertaken to ensure that learning was being embedded into practice across the service.

The committee was informed that Miss X had sadly passed away from an unrelated health condition in late 2025 and condolences were expressed to Miss X’s loved ones.

Members asked questions and provided comments in respect of the following:

• Regarding audit work, the number of cases that would be audited, the timeline for work and reporting body.
• The importance of learning from this case and assurance that this was taking place to prevent recurrence of this in the future.
• Concerns were expressed with regards to Legal Services in respect of this case; it was queried what lessons had been learnt from that perspective.
• Staffing levels and the resources available to deliver work; training for own staff and agency staff.
• Sincere condolences were extended to Miss X’s loved ones.
• Cultural failings and lessons learnt; reassurance for this.
• Clarification regarding the timeline of Miss X’s case and what had changed during that time.
• Risk Register for Children’s Services and provision of this to the Children and Families Committee for oversight.
• The implementation of the Ombudsman’s recommendations and update reporting.
• The Council’s Social Work Academy programme.
• The importance of recognising systems and a hierarchy of control in embedding learning and developing practice, notably policy, monitoring, auditing and reviewing.
• The role of the committee within the Committee System and the importance of review and challenge.  Reference was made to scorecards and the possibility of including these on future meeting agendas, as well as to the consideration of matters under Part 2, where both necessary and appropriate.

In response, officers reported that:

• Regarding the audit work, this was undertaken on both a partnership and Cheshire East basis; the exact number of cases could not be provided at this moment in time.  The audit in respect of the learning being embedded would take place over a three-month period; a report could be provided to committee within six months to allow sufficient time to obtain feedback from the CESCP.  A Member suggested adding this to the work programme.  In terms of embedding learning, this was fed into the CESCP for consideration; any action arising from that would be carried out.  Partnership working was key due to multi-agency approaches being taken.  Membership of the CESCP comprised officers, partners and lead Members.   
• Children’s Services had developed a quality of practice framework including clear practice standards.
• For assurance, it was explained that Improvement and Impact Board meetings were held monthly.  These were chaired by the Department for Education, with the Council’s Leader and Deputy Leader, and the Chair and Vice-Chair of this committee also on the Membership.  Quality of practice and performance information were considered monthly to ensure that improvements were being embedded.  There were also regular monitoring visits by Ofsted.
• A robust and holistic response had taken place.  Several improvements had taken place in terms of partnership working between Children’s Services and Legal Services; learning was undertaken across the board and with partners, not in isolation.  Increased supervision; staff development and escalation of issues had all been addressed; communications had also been developed.
• There had been significant changes in the children’s leadership team since 2022 and the present time.  The assurances that could be given were in reflection of this.
• Additional resource had been put into Children’s Services and associated legal work.
• The Chair and Vice-Chair felt assured through involvement in Boards and partnership meetings.  Further consideration would be given by the Chair as to work that could be undertaken to help reassure the wider membership.
• The Chair advised that the Risk Register was submitted to the Corporate Policy Committee, though would give further consideration as to how matters could be reported to this committee.
• There was an ongoing recruitment campaign for social workers to attract staff to Cheshire East.  Staffing pressures and vacancies continued to affect the service and these challenges were reflected nationally.  There were currently 65 FTE vacancies across the social care service, which was a 14.5% vacancy rate, with 40 agency workers presently in post.  This presented the largest barrier to the pace of improvement.  Exit interviews were conducted.
• The specific recommendations provided by the Ombudsman had been completed; however, the broader embedding of learning was an ongoing process. Evidence of sustained practice change required time, continued monitoring and adjustment where necessary, and would be reflected in future audit activity.
• It was recognised that cultural changes were required across the service area, but it was important to ensure that staff were supported with processes.  There were various strands to the Workforce Strategy, an overarching report would be considered by the Improvement Board in February 2026.  Part of that was the Social Work Academy designed to address workforce and vacancy issues, but the strategy was also concerned with embedding culture and practice standards across the directorate.  A Restorative Practice model implemented previously would be enhanced with an 18-month training programme.  A significant amount of work was being undertaken.
• The officers were able to comment on processes that had been in place since their arrival over the last six months; they were aware of the improvements that were needed to ensure that partners were coming together, and changes could be embedded. 
• The Chair advised that the ‘Improvement Plan Progress Report’ was a standard item on committee agendas, which had replaced Balanced Scorecard reporting.
• For assurance, the Chair advised that Members had received a briefing prior to today’s meeting in respect of this report.

RESOLVED:

That the Children and Families Committee had:

1.    Formally considered the Ombudsman’s report and recommendations in relation to Miss X.

2.    Noted the conclusion of the report and the Council’s actions.