Summary: We will not investigate this complaint about matters relating to the care of the complainant’s children. This is because investigation would achieve nothing significant.

The complaint

1. The complainant, who I will refer to as Miss X, complains that the Council has made unreasonable decisions about her children’s care, has failed to correct the information on its files and has failed to act to safeguard her children.

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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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. Miss X’s children are in the care of their grandparents. The Court has decided that she should have restricted contact with them.
6. Miss X complains that the Council has failed to take proper account of her views, and those of her daughter. She says the Council’s actions have been negatively influenced by false information about her contained in its files. She further alleges that the access the children’s father has to the children poses a risk to them, and that the Council is at fault in failing to act to prevent it.
7. Miss X made a complaint to the Council. Although it was not upheld, the Council did agree to implement a number of changes to improve communication with her, and subsequently updated her on the progress of these actions.
8. The Ombudsman will not investigate Miss X’s complaint because our intervention would achieve nothing significant. In part, the complaint concerns matters which have been, or can be, decided in court. Where the children live and how contact with their parents is managed has been decided by the Court and the Ombudsman has no jurisdiction to consider these matters. If Miss X has concerns about the children’s care, or about contact, her recourse is to go back to court.
9. The Ombudsman will not normally ask a council to change information held on its files retrospectively, even if that information is inaccurate. This is because it forms part of the record of the case and shows the basis on which decisions were made. The most we will ask is that a record of the complainant’s contrary views is added to the file. Miss X’s views are set out in her complaint and the mediation record and so this is already the case. If Miss X wants changes to the records, it is open to her to pursue her legal right to rectification. There is no role for the Ombudsman.

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Final decision

10. We will not investigate Miss X’s complaint because investigation would not achieve anything significant.

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Investigator's decision on behalf of the Ombudsman