Summary: We have ended our investigation into Mr X’s complaint. The Council has amended an assessment he complained about, as it said it would. Matters related to access arrangements for his children are subject to a contact order and the courts are better placed to consider these.

The complaint

1. Mr X complains the Council has not amended an assessment it completed. He says the assessment has also affected his ability to see his children.
2. Mr X says this has caused him avoidable distress and frustration.

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The Ombudsman’s role and powers

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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I have considered all the information Mr X provided and discussed this complaint with him. I have also considered information the Council sent in response to our enquiries.
5. Mr X and the Council had the opportunity to comment on my draft decision. I have taken any comments received into consideration before reaching my final decision.

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What I found

What happened

6. At the end of November 2024, the Council received a referral after an incident between Mr X, his ex-partner and his children.
7. The Council then completed a Child and Family Assessment (the assessment). It did so within 45 days which is the target time for completion.
8. Mr X made complaints to the Council about the assessment as he was unhappy with some of the content. He was also unhappy he felt the assessment would affect the contact he has with his children.
9. In its final complaint response to him, the Council said it would make amendments to the assessment.

Mr X then brought his complaint to us. He was unhappy because he said the Council had not amended the assessment as it had said it would. He was also unhappy that he did not have appropriate access to his children as had been agreed by the courts.

Analysis

10. The Ombudsman is a publicly funded body. When deciding whether to investigate a complaint further, we must consider whether we can achieve the outcome someone wants, whether further investigation would lead to a different outcome or if there is another body better placed to consider issues raised in the complaint.
11. The assessment was completed within 45 days of the referral, as it should be. The Council has amended the assessment as it agreed to do and has sent us a copy of this as evidence. I am satisfied the Council has acted as it said it would and further investigation would not lead to a different outcome.
12. If Mr X has concerns about access to his children, he can approach the courts about matters related to access arrangements as set out in a previous contact order. This is not something we can achieve, the courts are better placed to deal with Mr X’s concerns.
13. Therefore, in the circumstances of this complaint, I am satisfied it is appropriate for us to end our investigation without taking further action.

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Final decision

14. I have ended my investigation. We cannot achieve the outcome Mr X wants, there is another body better placed to consider contact issues and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman