Summary: We will not investigate Mr B’s complaint about the actions of social workers and the level of contact with his child. It is unlikely we could add anything to the response Mr B has received.

The complaint

1. The complainant, whom I shall refer to as Mr B, complained the Council’s social workers have allowed his ex-wife to cancel scheduled appointments. Mr B wants to be able to speak to his son more than once a week. Mr B says he has asked a social worker about this, but nothing has happened.

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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 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal; or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

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

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My assessment

7. In its final response to Mr B the Council explained it cannot insist his ex-wife meets with its social workers. It has said if Mr B wants more contact with his son, then he should take legal advice.
8. We will not start an investigation into Mr B’s complaint. This is because it is unlikely we could add anything to the Council’s response. We could not criticise the Council for meetings cancelled by Mr B’s ex-wife. Contact arrangements are a matter for the Courts, not the Ombudsman.
9. Mr B has raised several other issues, linked to the above, but these have not exhausted the Council’s complaints process. Mr B should go back to the Council so it can respond to these points.

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Final decision

10. We will not investigate Mr B’s complaint because it is unlikely we could add anything to the Council’s response.

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Investigator's decision on behalf of the Ombudsman