22nd September 2025

An Essex parent has formally challenged Essex County Council over what they say is a “systemic failure” to recognise hospital-based neglect as a safeguarding issue.

The parent, whose two children have complex medical needs, alleges that local safeguarding processes are being wrongly limited to concerns about parenting or home circumstances – leaving children unprotected when harm arises from hospital care.

“The law is clear,” the parent said. “Section 47 of the Children Act requires a safeguarding enquiry whenever there is reasonable cause to suspect a child is suffering or likely to suffer significant harm. It does not limit that duty to parenting issues. Neglect can also occur within institutions – including hospitals.”

The parent points to Working Together to Safeguard Children (2018), which explicitly includes “institutional or systemic neglect” as a potential trigger for a Section 47 enquiry.

In this case, hospital records reportedly show repeated failures, including concealed abnormal results, failure to investigate faltering growth, unaddressed bradycardia and zinc deficiency, and an unperformed biopsy for Hirschsprung’s disease.

Despite this evidence, the parent claims the council has “minimised institutional harm” by categorising these as “health complaints” rather than safeguarding concerns – meaning no formal multi-agency Section 47 enquiry has been convened.

Concerns Over Disability Assessments

The challenge also highlights concerns about disability assessments. Under Section 17 of the Children Act 1989, disabled children are automatically defined as “children in need” and entitled to specialist assessment.

“Essex is relying on a generic Common Assessment Framework (CAF), which is not designed for disabled children,” the parent argues. “The Ombudsman has ruled several times that councils must conduct proper disability assessments – this is a legal duty.”

Calls for Action

Before taking part in any further meetings, the parent has asked the council to provide:

  • Written confirmation that hospital neglect is recognised as a safeguarding trigger.
  • Details of how their children’s cases will be escalated to multi-agency safeguarding meetings, with hospital safeguarding teams involved.
  • Confirmation that statutory disability assessments will be provided under Section 17.
  • Agreement that they may be accompanied by an independent advocate, funded by the council, in line with the Children Act complaints procedure.

The parent also stresses that, under the Care Act, they are entitled to an advocate whether or not they are making a formal complaint. They argue that this should be considered a reasonable adjustment under the Equality Act 2010, as they have a diagnosis of ADHD and are likely to become anxious or overwhelmed if upset by comments. They also report difficulty processing and retaining all information in meetings without either having them recorded or an advocate present.

The parent says that without these steps, the council’s current approach is “procedurally unsafe and contrary to statutory guidance.”

Essex County Council has been approached for comment.