Summary: We will not investigate this complaint about the Council’s decision not to allow Mr X to have contact with his grandchild. That is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complained about the Council’s decision to not allow him to have contact with his grandchild. He said the Council made that decision based on false information. He said it has caused both him and his grandchild distress.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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 decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council has placed restrictions on Mr X’s contact with his grandchildren for several years. Mr X has previously complained about that decision.
7. Mr X asked the Council to review its decision. The Council spoke to his grandchildren, their parents and considered Mr X’s wishes. It decided the restrictions would remain in place. Mr X complained. He said its decision was based on false information and the Council had failed to apply the Human Rights Act. In response, the Council said it would not investigate Mr X’s complaint as he had not provided new information.
8. We cannot question the merits of the Council’s decision where there is no evidence of fault in how it was made. The Council has gathered information to inform its assessment and set out why it considers contact between Mr X and his grandchildren may be harmful. Although Ms X has questioned Human Rights legislation, the Council has previously written to him and explained its decision was focussed on the rights of the child. There is nothing to suggest false information was used in the assessment. As there is insufficient evidence of fault in how the Council made its decision, we cannot question the outcome; therefore, we will not investigate this complaint.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman