Summary: The Ombudsman will not investigate this complaint that the Council has failed to help the complainant support his daughter who is facing deportation. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council will not help him get a deputy so he can help his daughter fight deportation.

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’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I read the complaint and got some background information from the Council. I considered comments Mr X made in reply to a draft of this decision.

Back to top

What I found

What happened

4. Mr X says his daughter is facing deportation. Mr X wants to help his daughter oppose the deportation but says the courts say he must get a deputy or guardian. Mr X says the Council has refused to help him find a deputy or guardian.
5. The Council says many organisations have tried to help Mr X but he has been reluctant to engage. It says it has asked for proof that Mr X lives in the Council area but he has not provided such proof. It would offer an assessment if Mr X demonstrated he lives in the Council area. It has advised Mr X to contact his GP and also the council for the area where his daughter lives. It says Mr X has indicated his daughter lives abroad. The Council says Mr X’s daughter has never received services from the Council and is not known to the Council.

Assessment

6. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council has offered advice but cannot carry out an assessment until Mr X demonstrates he lives in the Council area. In addition, deportation is a legal matter and Mr X would need to get legal advice. He could also get legal advice about how he can best support his daughter. Again, the Council might be able to provide some support with this but only if Mr X proves he lives in the area and is eligible for Council services.

Back to top

Final decision

7. I will not start an investigation because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman