Summary: We will not investigate this complaint about Mr X’s contact with his children and the Council’s refusal to consider his complaint under the statutory children’s complaints procedure. There is not enough evidence of fault in the Council’s actions to warrant us investigating. Also, the Information Commissioner is better placed to consider the part of the complaint about requests for information, and we cannot achieve the outcome Mr X wants.

The complaint

1. Mr X complained the Council would not arrange contact with or share information about his children and refused to consider his complaint under the statutory children’s complaints procedure.
2. Mr X said this caused distress.
3. Mr X wants the Council to arrange contact with his children.

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The Ombudsman’s role and powers

4. 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
• there is another body better placed to consider this complaint, or
• we cannot achieve the outcome someone wants.

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

5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We will not investigate the part of Mr X’s complaint about contact with his children. There is not enough evidence of fault in the Council’s decision not to arrange contact for Mr X with his children. The Council is only required to arrange contact for children in its care. This does not apply here.
9. We will also not investigate the Council’s decision not to consider his complaint under the statutory children’s complaints procedure. There is not enough evidence of fault to justify us investigating. The issues Mr X wants to complain about cannot be dealt with through this process.
10. The Information Commissioner (ICO) enforces data protection legislation. The main functions of the ICO are to uphold information rights in the public interest by promoting openness by public bodies and protecting the privacy of individuals. This includes requests for information.
11. We will not investigate the part of Mr X’s complaint about the Council’s information sharing. The ICO is better placed to consider and decide the matter.
12. Additionally, the Council advised Mr X to seek independent legal advice about the contact matter with his children. We cannot direct the Council to arrange contact for children who are not in its care, only the courts can. We cannot achieve the outcome that Mr X wants.

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Final decision

13. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s decisions, the Information Commissioner is better placed to consider and decide his complaint about information rights, and we cannot achieve the outcome Mr X wants.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman