Summary: We will not investigate this complaint about the Council’s alleged failure to follow court ordered contact between Mr X and his child. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained a Council social worker told his child not to contact him via text message or any other form.

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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.

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

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council that a social worker had told his child not to contact him by text message.
6. The Council found no evidence of this but confirmed that a court order stipulated that Mr X could have contact with his child twice a week by telephone. The Council advised that it had facilitated contact in line with this and advised Mr X to appeal to the court if he wanted additional contact.
7. Mr X was unhappy with the Council’s response and wants us to find the Council at fault. The evidence shows the Council has followed the court order and is also considering the child’s wishes in its management of the contact between Mr X and his child. There is no evidence of wrongdoing on the Council’s part and therefore an investigation would be unlikely to find fault with the Council’s actions.

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Final decision

8. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman