Summary: We will not investigate this complaint about the living arrangements of Mr X’s children. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. Mr X has a right to go to court about the living arrangements of his children and his level of contact. It is reasonable for Mr X to use the legal remedy available to him. We will not become involved in any wider disputes between Mr X and his former partner.

The complaint

1. The complainant, Mr X, is unhappy with the living arrangements of his children and the contact he has. Mr X is also concerned the Council has told his former partner she can access his medical records. Mr X wants the Council to tell her she does not have the right to do this.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (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 considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate Mr X’s complaint. If Mr X wants to challenge his children’s living arrangements and his level of contact, he can do this via the courts. These are not decisions for the Council or the Ombudsman.
7. The Council says it does not control access to medical records. I have not seen any evidence the Council has told Mr X’s former partner she can access his personal information. This is a matter between Mr X and his former partner. It is not something we will investigate.

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Final decision

8. We will not investigate Mr X’s complaint because it is reasonable for him to challenge his children’s living arrangements in court. Any attempts by Mr X’s former partner to access his personal information are not a matter for the Ombudsman.

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Investigator's decision on behalf of the Ombudsman