Summary: We will not investigate this complaint that the Council failed to take reasonable steps to inform the complainant of the death of his children’s mother, or to ensure that he was subsequently involved in matters relating to his children’s welfare. This is because we would not add anything significant to the investigation which has already been carried out.

The complaint

1. The complainant, Mr X, complains that the Council failed to take reasonable steps to inform him of the death of his children’s mother, or to ensure that he was subsequently involved in matters relating to his children’s welfare.

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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 we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
4. 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

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. Mr X’s children lived with their mother and her partner. Mr X says that, when their mother died, the Council should have informed him, as it was currently involved with the family. He says it did not do so, despite the fact that he had parental responsibility, and instead allowed the children to stay with their mother’s partner. He says that, when the Council did discuss the matter with him, it did so in a public area, rather than in private.
8. Mr X says the Council’s officers were also at fault in failing to inform him when his children were subsequently made homeless. They are now adults and live with him. Mr X says he suffered significant distress which has had an impact on his mental health.
9. The Council has considered Mr X’s complaint under the statutory procedure for complaints about children’s services. It was upheld in part. Specifically, the Council has accepted that it should have been proactive in telling him that the children’s mother had died. Mr X says he is pleased the complaint has been upheld and that recommendations for change have been made and accepted. But he says the outcome does not put right what has happened.
10. There are aspects of Mr X’s complaint which the Ombudsman cannot consider. Whether his children should have been in the custody of their mother’s partner following her death was considered in court at Mr X’s instigation. The Court made a finding on the matter and this places it outside our jurisdiction.
11. Regarding those matters which were not considered in court, the most significant were upheld under the statutory complaint procedure. The question for us therefore is whether investigation would add anything significant to the investigation already carried out. There is nothing to suggest that we would do so.
12. The findings of the complaint procedure are proportionate and defensible, and the recommendations appear reasonable in the circumstances. That being the case, it is not for the Ombudsman to criticise the merits of the findings or intervene to substitute an alternative view. Our intervention would not lead to a different outcome and is not warranted.

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Final decision

13. We will not investigate Mr X’s complaint because we would not add anything significant to the investigation which has already been carried out.

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Investigator's decision on behalf of the Ombudsman