Summary: the Council has properly considered Mr F’s concerns about his daughter’s welfare and his complaints about his dealings with the Council.

The complaint

1. Mr F complains about his dealings with the Council in connection with concerns for his daughter. Mr F complains the Council did not return his calls and did not involve him in meetings. He is unhappy with the Council’s response to his concerns and dissatisfied with the Council’s response to his complaint.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether council decisions are right or wrong simply because the complainant disagrees with them. We must consider whether there was fault in the way the decisions were reached. (Local Government Act 1974, section 34(3), as amended)
3. 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)

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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 has a daughter, G.
7. Mr F has separated from G’s mother, M. He has not had contact with G since she was a baby.
8. Mr F reported concerns about M’s partner, P, in 2017. He is unhappy with the Council’s response.
9. Mr F complained to the Council in 2017. He was unhappy with frequent changes in G’s social worker and complained the social workers did not return his calls or involve him in meetings. He complained the Council was not taking his concerns for his daughter seriously.
10. In February 2018, the Council appointed an independent investigator to consider Mr F’s complaint. The investigator produced a report in July 2018.
11. The investigator found the Council had taken appropriate action when Mr F reported concerns for G. Social workers carried out unannounced visits to check on G’s welfare, and when they had concerns, G was made subject of a child protection plan. Mr F’s involvement in the child protection process was limited since he had no contact with G since she was a baby, and M would not allow him to see her. The Council’s dealings with M were private. Mr F felt excluded from the process, but this was not the result of fault by the Council.
12. An independent panel considered Mr F’s complaint at the final stage of the complaints process, although Mr F was not able to attend the hearing. The Council accepted the findings and recommendations of the independent investigator. By this stage, the Council’s involvement with M, P and G had ended. Mr F remained dissatisfied and complained to the Ombudsman.

Consideration

13. The Council has considered Mr F’s complaint at all three stages of the statutory children’s complaints process. When a council has investigated a complaint under the statutory complaints process, the Ombudsman would not normally re-investigate it. We may consider whether a council has properly considered the findings and recommendations of the independent investigator and review panel, and any remedy the Council offers.
14. I recognise the Council has been unable to share information about its involvement with M and P with Mr F and this may be one reason for his continuing concerns for his daughter’s welfare. This is because Mr F is not entitled to know about the Council’s dealings with M and P. It is not the result of fault by the Council. Mr F has not seen the evidence on which the investigator based his findings. He is not entitled to do so.
15. I asked to see the evidence on which the investigator based his findings. The Council sent me the records of its dealings with M, P and G.
16. Although I cannot share the evidence with Mr F, I am satisfied the independent investigator carried out a thorough and fair investigation. I agree with his findings.

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Final decision

17. I have ended my investigation. The Council has properly considered Mr F’s concerns about his daughter’s welfare and his complaints about his dealings with the Council.

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Investigator's decision on behalf of the Ombudsman