Summary: We will not investigate Mrs X’s complaint that the Council has failed to assess the potential for significant harm to her children by having contact with their father and has refused to deal with her complaints. The Council has agreed to accept a complaint from Mrs X on conclusion of the family court case. It is for the court to decide if the Council needs to assess or provide a report on the current position.

The complaint

1. Mrs X complains the Council failed to properly investigate referrals that the father of her children could be a risk to them from 2019 onwards. Mrs X says the Council failed to act appropriately following a police investigation which has led to the father of the children being charged with offences involving adults. Mrs X says the Council should have assessed the risks to her children of contact with their father when new evidence emerged late in 2021. It refused to do so using Mrs X’s application to the family court as an excuse.
2. Mrs X complains the Council has refused to accept her complaint saying it cannot deal with it and she can raise her concerns at court. Mrs X says the Council should be accountable for its actions.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we are satisfied with a council’s actions or proposed actions.

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

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

6. I considered information provided by Mrs X and discussed the complaint with her by telephone. I have communicated with the Council which has provided the correspondence with the MP.

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My assessment

7. I will not investigate this complaint for the following reasons:
8. The Council has agreed with the Ombudsman to accept a complaint from Mrs X on the conclusion of the family court case. The court is considering Mrs X’s application regarding Mr X’s contact with the children. Mrs X tells me the court has suspended direct contact.
9. Mrs X will need to complain again to the Council and if she disagrees with the outcome may return to this office.
10. The Ombudsman cannot investigate matters which are part of court proceedings (see paragraph 4 and 5 above). The Court is considering the welfare of the children including contact arrangements and will normally request a report on the circumstances. It is for the court to decide whether the Council needs to provide a report on the potential risks.

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Final decision

11. The Ombudsman will not investigate Mrs X’s complaint the Council has failed to assess the potential for significant harm to her children by having contact with their father and has refused to deal with her complaints. The Council has agreed to accept a complaint from Mrs X on conclusion of the family court case. It is for the court to decide if the Council needs to assess or provide a report on the current position.

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Investigator's decision on behalf of the Ombudsman