Summary: We will not investigate Mr X’s complaint the Council has ignored his safeguarding concerns about his child. There is not enough evidence of fault to justify our involvement. It would be reasonable for Mr X to take any concerns he has about care and contact arrangements for his child to court.

The complaint

1. Mr X complains the Council has ignored his concerns about his child while in their other parent’s care and has excluded him from assessments. Mr X believes the Council has failed to help with his numerous requests for contact with his child. He wants the Council to take a fair and balanced approach to both parents and to take his concerns about his child’s welfare seriously.

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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, 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))

3. 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

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. Earlier this year, the Council’s Early Help Team became involved with Mr X’s ex-partner and children, including Mr X’s child. Mr X was abroad when the Council’s involvement started. When he returned, the Council responded to Mr X’s concerns about his child’s welfare. The Council explained how its earlier involvement was focussed on Mr X’s ex-partner as this is who the children involved reside with. The Council has confirmed to us it has had direct contact with the children at various points to seek their wishes and views. The Council has not identified concerns or evidence that meant it should take further safeguarding action.
7. The Council has advised Mr X to immediately report any concerns he has about his child’s safety to the police. The Council has also explained it cannot intervene in Mr X’s contact arrangements with his child as this is a private legal matter between him and his ex-partner, which he will potentially need to resolve through the courts.
8. Any arrangements about care and contact of children is a private matter between the people who have parental responsibility. Where those people cannot agree on those arrangements, only the court has the power to intervene and make decisions about what arrangements would be in the child(ren)’s best interests and on any matters of dispute. We will not investigate this aspect of Mr X’s complaint because neither we nor the Council can make decisions about his contact with his child. It would be reasonable for Mr X to take this matter to court.
9. Mr X’s strong disagreement with the Council’s actions does not amount to fault. The Council has explained the steps it has taken in response to Mr X’s concerns and to ensure his child is safe in their other parent’s care. These appear reasonable and proportionate in the circumstances. That being the case, we will not criticise the professional judgement of the Council’s officers or intervene to substitute an alternative view. Our investigation is not warranted because we could not add significantly if at all to the responses the Council has already provided.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement. It would also be reasonable for Mr X to take his concerns about his contact with his child to court.

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Investigator's decision on behalf of the Ombudsman