Summary: We will not investigate this complaint about the Council’s refusal to provide the complainant with information. This is because there is no evidence of fault on the Council’s part, and it is open to the complainant to raise the matter in court.

The complaint

1. The complainant, Mr X, complains that the Council has refused to provide him with confirmation of information it gave him in relation to his children’s contact with their mother.

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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))
3. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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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. Mr X’s children live with him under the terms of a residence order. Mr X says the Court did not impose restrictions on the children’s contact with their mother, but the Council has advised him not to allow contact.
7. Mr X says the children’s mother has asked for contact and has initiated private law proceedings. Mr X has asked the Council to confirm the information it gave him and complains that it has refused. He says the option to seek the information through a Subject Access Request, as the Council has suggested, is not viable, given the constraints of time. He says the Council’s refusal to give him the information he has asked for may compromise his position in the legal proceedings.
8. The Ombudsman will not investigate Mr X’s complaint. The Council is not required to provide information for use in private law proceedings, and it is not fault to decline to do so. Mr X can bring the matter to the Court’s attention and, if the Court decides it needs information from the Council, it can obtain it. It is not for the Ombudsman to take a view.

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Final decision

9. We will not investigate Mr X’s complaint because there is no evidence of fault on the Council’s part and it is open to Mr X to raise the matter in court.

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Investigator's decision on behalf of the Ombudsman