Summary: We will not investigate Mr X’s complaint about the Council’s handling of matters involving his children. We could not add to the Council’s investigation and responses under all three stages of the statutory complaints process. We also cannot achieve the outcome Mr X wants.

The complaint

1. Mr X complains the Council has breached his human rights by separating him from his family. He says the Social Worker allocated to his children’s case should not have continued to work with his family due to a conflict of interest. He wants the Council to arrange another independent assessment as he believes the organisation the Council previously commissioned used his past against him.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (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 the complainant and the Council.

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My assessment

4. The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it.
5. However, we may look at whether there were any flaws in the stage two investigation or stage three review panel that could call the findings into question.
6. The Council concluded its consideration of Mr X’s complaints under stage three of the statutory complaint process in September 2024. This included the complaint elements summarised in paragraph 1 above and other issues.
7. By the time the stage three review panel hearing, the Council’s involvement with Mr X’s family had ended. The Council confirmed to the review panel that Mr X would need to apply to the court if he wanted to make any changes to the family time he spent with children. The stage three review panel agreed with the conclusions the stage two Investigating Officer (IO) reached and had no additional recommendations. The Council apologised Mr X for the injustice caused to him by the complaints upheld at stages two and three.
8. Further investigation of Mr X’s complaints by the Ombudsman is unlikely to add to the Council’s responses. The investigation and consideration completed at stages two and three have been detailed and thorough. The remedial action the Council has offered to Mr X appears reasonable given the faults identified.
9. We cannot achieve the outcome Mr X wants which is to be reunited with his family. This issue is something only the courts could resolve for Mr X. We have no power to intervene in such matters or make decisions in place of the court.

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Final decision

10. We will not investigate Mr X’s complaint because further investigation could not add to the Council’s responses. We also cannot achieve the outcome the complainant wants.

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Investigator's decision on behalf of the Ombudsman