Summary: The Ombudsman will not investigate this complaint that the complainant cannot have contact with his grandchild. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains that he has been refused contact with his grandson. Mr X denies that he injured the child.

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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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s response. I considered information from the Council which, due to data protection, I cannot share with Mr X. I invited Mr X to comment on a draft of this decision.

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What I found

Parental responsibility

4. Someone with parental responsibility can make decisions about a child’s life. This can include who the child can have contact with.

What happened

5. Mr X does not have parental responsibility for his grandson. The Council has parental responsibility in conjunction with other carers.
6. Mr X complains the Council will not let him have contact with his grandson. Mr X denies an allegation that he injured the child and says the child denies the allegation.
7. The Council has told Mr X that any contact must be arranged through the Council. At the moment no contact has been agreed. The Council told Mr X that it will take the child’s wishes into account regarding contact. The Council also told Mr X that as he does not have parental responsibility there is limited information it can share with him. The Council confirmed it considered the allegation about the injury.

Assessment

8. Mr X denies hurting his grandson and wants to have contact. I appreciate these are important issues but I have read the documents and can confirm there is no suggestion of fault regarding the Council’s decision to consider the allegation about the injury and its decision not to allow contact. Due to data protection, I cannot share any information with Mr X, but I am satisfied the Council is acting correctly and in the best interests of the child.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman