Summary: We will not investigate Miss X’s complaint about her contact with her children. Further investigation by us would not add to the responses the Council has already provided. We also cannot achieve the outcome Miss X wants.

The complaint

1. Miss X complains the Council has not listened to her concerns about her children. She says this has impacted on her relationship with her children. She wants the Council to help her regain access and contact with her children.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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, or
• 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))

4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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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. Miss X’s children have been removed from her care and placed by the court with Special Guardians. Miss X’s contact arrangements with her children are court ordered.
8. The Council has explained how it has considered Miss X’s concerns about her children’s welfare. It found no evidence to justify further action from a safeguarding perspective. The Council has also explained why contact arrangements have changed to it supervising Miss X’s time with her children. It has advised Miss X to apply to court if she wants to change the frequency and way in which contact arrangements with her children are undertaken.
9. We could not add to the responses Miss X has already received from the Council by investigating. We also cannot achieve the outcome Miss X wants. We have no power to intervene or make decisions in place of the court. Only the court can decide what is in a child’s best interest and on any matters of dispute, including contact arrangements.

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Final decision

10. We will not investigate Miss X’s complaint because we could not add to the Council’s responses or achieve the outcome wanted.

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Investigator's decision on behalf of the Ombudsman