Summary: The Ombudsman will not investigate Mr B’s complaint that the Council’s social worker has prevented him from having contact with his son. This is because we cannot achieve the outcome he is seeking.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council’s social worker has prevented him from having contact with his son.

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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. 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 or continue with an investigation if we believe we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)
3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I have considered what Mr B has said in support of his complaint and relevant correspondence provided by the Council.

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What I found

5. Mr B complains that the Council’s social worker has encouraged his former partner to deny him contact with his son. He also complains about the content of the child and family assessment the social worker has carried out, which he says is inaccurate. He wants the Council to replace the social worker and allow him to have contact with his son.
6. The Ombudsman will not investigate Mr B’s complaint because we cannot achieve the outcome he is seeking. Contact with Mr B’s son is a matter which can be decided in court, and Mr B says he has applied to the court for a contact order. This is the appropriate route for Mr B to obtain contact and the Ombudsman will not intervene.
7. It is for the Council to decided how to allocate responsibilities to its staff and the Ombudsman will not comment on how it does so. We will not therefore ask it to allocate a different social worker. If Mr B believes the child and family assessment is inaccurate, it is open to him to set out his contrary views and ask the Council to add them to its file.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because we cannot achieve the outcome Mr B is seeking.

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Investigator's decision on behalf of the Ombudsman