Summary: We will not investigate Mr X’s complaint that the Council refused to consider a complaint from him, or its decision to place restrictions on his contact. This is because there is insufficient evidence of fault. We cannot investigate Mr X’s complaint about information provided to the courts because the law prevents us from investigating what happens in court.

The complaint

1. Mr X complains that the Council refused to consider his complaint about information staff provided during a previous complaint investigation and about information a social worker provided during court proceedings. Mr X also complains about the Council’s decision to place restrictions on his contact.

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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 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)

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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. The Council considered a complaint from Mr X under the statutory children’s complaints procedure and issued a final response. Mr X raised a new complaint about information that was provided during the previous stage two investigation. Mr X also complained that inaccurate information was provided to the family court by a social worker.
7. The Council issued Mr X with a warning about the volume of emails and complaints that he had submitted. When further complaints and emails were received, the Council made the decision to implement restrictions on Mr X’s contact under its unreasonable persistent contact procedure.
8. I will not investigate Mr X’s complaint that the Council refused to investigate his complaint about information provided during a previous complaint investigation. It was for the investigator to determine what weight to give to evidence provided during the stage two investigation and for that reason it is unlikely we’d find fault with the Council for deciding not to consider a separate complaint.
9. I cannot investigate Mr X’s complaint that the Council provided inaccurate information during family court proceedings. This is because the law prevents us from investigating what happens in court. This includes the preparation and contents of reports provided by the Council during proceedings.
10. Finally, I will not investigate Mr X’s complaint that the Council placed restrictions on his contact. It did so in accordance with its published policy and for this reason it is unlikely that we would find fault.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault. We cannot investigate Mr X’s complaint about information provided to the courts because the law prevents us from investigating what happens in court.

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Investigator's decision on behalf of the Ombudsman