Summary: We will not investigate Ms C’s complaint that the Council has been at fault in failing to promote contact between her and her daughter. This is because it is unlikely we would identify fault on the Council’s part, and because investigation would not achieve anything significant for Ms C.

The complaint

1. The complainant, who I will refer to as Ms C, complains that the Council has been at fault in failing to promote contact between her and her daughter.

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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:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• we cannot achieve the outcome someone want.

(Local Government Act 1974, section 24A(6), as amended)

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I have considered what Ms C has said in support of her complaint and the complaint correspondence provided by the Council. I have also considered Ms C’s response to my draft decision.

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What I found

5. Ms C’s daughter, who I will refer to as D, is in the Council’s care. Ms C complains that the Council has cut her out of D’s life. She says the court decided she should have contact with D but the Council has prevented this. She also complains that the Council has failed to invite her to meetings relating to her daughter’s care, and has failed to pass on presents and cards she has sent. She also says the Council delayed passing a birthday gift from D to her, causing her significant distress.
6. Ms C says messages she has received from D indicate that she wants to have contact, and is unhappy with the actions of the Council. Ms C says the Council failed to take action to address problems with her daughter’s previous foster placement, and believes the messages show the Council has led D to believe she has not tried to keep in contact throughout the period. In her view, the Council’s actions throughout her daughter’s time in its care have damaged her relationship with D.
7. In response to Ms C’s complaint, the Council has said it has been guided by D’s wishes, which are that she does not want contact or correspondence from Ms C. While this is the case, it will not facilitate such contact.
8. The Council says it is also D’s wish that Ms C should not be involved in meetings about her care. It has however offered to contact Ms C before such meetings to allow her to express her views, and to provide some general feedback as appropriate.
9. We will not investigate Ms C’s complaint because it is unlikely we would identify fault on the Council’s part. The Council is correct to say that it must consider D’s wishes, and I have no reason to doubt that they are as the Council’s states. It seems to me that the suggestion the Council has made to address the fact that Ms C cannot attend the meetings is a reasonable one.
10. It is also the case that we do not normally consider issues relating to contact. Such matters are for the courts, not the Ombudsman, and I understand that the court has been involved in decisions on contact with D. If Ms C is unhappy with the current arrangements, her recourse is to go to court.
11. In the circumstances of the case, investigation by the Ombudsman would be unlikely to achieve anything significant for Ms C.

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Final decision

12. We will not investigate this complaint. This is because it is unlikely we would find fault on the Council’s part, or achieve anything significant for Ms C.

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Investigator's decision on behalf of the Ombudsman