Summary: Mr F complains the Council has refused to consider his complaint about his dealings with the Council in connection with concerns for the welfare of his children. Having considered the circumstances of the case, I am satisfied with the Council’s decision.

The complaint

1. The Council has been involved with Mr F’s family because of concerns for the welfare of his children. Mr F complains about his dealings with the Council. He is unhappy with a welfare report the Council wrote for the Court. He complains the Council has refused to investigate his complaints.

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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. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

4. I have considered:
• information provided by Mr F; and
• information provided by the Council.
5. I invited Mr F and the Council to comment on my draft decision.

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What I found

6. Mr F and his ex-wife have three children. They separated in 2017. The children live with Mr F’s ex-wife. Mr F’s ex-wife and the children made allegations against him. The Council was involved and the children were made subjects of a child protection plan. There have also been criminal proceedings.
7. Mr F complained about his dealings with the Council. He has made 22 complaints in total and submitted 54 online complaint forms.
8. The Council wrote to Mr F on 5 December 2018 to say it would not respond to his complaints. The Council explained it had taken this unusual decision because of the wishes expressed by the children and the involvement of the Court in the case.
9. Unhappy with the Council’s response, Mr F complained to the Ombudsman.

Consideration

10. As well as his complaint to the Ombudsman, Mr F also applied for a Child Arrangement Order. A Child Arrangement Order is a Court order where the Court decides where a child lives, and when and what type of contact takes place.
11. The Court ordered the Council to prepare a welfare report, known as a Section 7 report. The report sets out the Council’s involvement with Mr F and his family and makes recommendations. The Council did not support direct contact between Mr F and his children.
12. Mr F complains about the Council’s report. He does not believe it is impartial. The Council says that Mr F attempted to withdraw his application for a Child Arrangement Order when he received the report, but the Judge decided to proceed with the hearing.
13. The Court made a Child Arrangement Order on 25 October 2018. The Order says the children will live with their mother, and Mr F will have indirect contact, by letter, once a month.
14. The Ombudsman cannot consider Mr F’s complaint about the welfare report. The Court ordered the Council to produce the report. The Ombudsman cannot investigate complaints about matters concerning the conduct of court proceedings.
15. I will not consider Mr F’s complaint about his dealings with the Council, detailed in the welfare report, because Mr F was legally represented and could have raised his concerns, and challenged the report, in Court.
16. The Ombudsman normally expects councils to respond to complaints, even when they are about matters considered by the Courts which the Ombudsman cannot consider. However, we recognise there may be exceptional circumstances in which it is not appropriate.
17. Having carefully considered Mr F’s complaints about his dealings with the Council, and taken account of the welfare report and the Court’s judgement following his application for a Child Arrangement Order, I am satisfied with the Council’s decision not to respond to Mr F’s complaint.

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Final decision

18. I have ended my investigation. I am satisfied with the Council’s decision not to respond to Mr F’s complaint.

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Investigator's decision on behalf of the Ombudsman