Summary: We will not investigate this complaint about the Council’s actions in respect of Mr X. It was entitled to make a child protection referral to another council when it discovered Mr X’s partner was expecting a child on the basis of his previous convictions. As Mr X’s children from a previous relationship live with a former partner it would not be fault for the Council to work with her rather than him.

The complaint

1. Mr X said the Council discriminated against him on the basis of his former convictions. He said these were not relevant. He said it excluded him in favour of his former partner, and should not have made a child protection referral to another council when it discovered his new partner was pregnant.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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. The nature of Mr X’s previous convictions would oblige any council that became aware that his partner was pregnant to inform the new authority of what it knew. That Mr X feels these convictions are not relevant to the new relationship is not evidence of fault by the Council.
6. As Mr X’s former partner has care of their children, it would not be fault for the Council to deal mostly with her. Given the nature of his previous convictions, the Council would also have to avoid Mr X coming into contact with his former partner. In this context, it is unlikely investigation by us would lead to a finding of fault in the Council’s actions.

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Final decision

7. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council actions to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman