Summary: We will not investigate Mr X’s complaint about a Council assessment and the Council’s communications with him. These matters are not separable from the residence of his children, where he has a right to go to court it would be reasonable to use.

The complaint

1. Mrs X said the Council carried out an inadequate assessment of his children. He said the Council did not return his phone calls and an officer was rude on the telephone. He said the Council wrongly recorded him as having been violent to his former partner, who he said is manipulative and controlling. He said he has not seen his children for more than 18 months.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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

5. I read Mr X’s complaint. I gave him the opportunity to comment on a draft decision.

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What I found

6. The Council carried out an assessment of Mr X’s children after his relationship with his ex-partner ended. Mr X said this was inadequate and drew the wrong conclusions about him. He also said an officer was rude on the telephone. He also complained he got no response to earlier telephone calls.
7. In responding to his complaint, the officer denied she had been rude, but accepted the Council had not responded to all his calls because they were not for the team he called. She maintained the assessment accurately reflected Mr X’s children’s views.
8. Mr X said he had not seen his children since mid-2019. Understandably, he finds that distressing. However, the matters complained of here relate to an assessment that either could be or has been evidence given in court to determine the residence of Mr X’s children.

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Final decision

9. We will not investigate this complaint. This is because the matters complained of are not separable from those where Mr X has a right to go to court it would be reasonable to use.

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Investigator's decision on behalf of the Ombudsman