Summary: We will not investigate Miss X’s complaint about the Council’s involvement with her children. There is not enough evidence of fault in the Council’s action to justify us investigating. It would also be reasonable for Miss X to raise any concerns she has about the care and contact arrangements for her children in court.

The complaint

1. Miss X complains about the Council’s decision that her partner poses a risk to her children and should not be allowed to live with them. She believes the Council is misusing her past as a domestic abuse victim against her to say her children are at risk in her care. She wants the Council to accept the evidence which shows she is not a risk to her children.

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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 consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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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. The Council has explained to Miss X that it has completed a detailed assessment and concluded that her current partner poses a significant risk to her children. As a result, Miss X has agreed for her children to be placed in their father’s care. The Council has declined to investigate Miss X’s complaint because her children’s father is in the process of taking legal action to secure custody of their children. The Council has explained its risk assessment of Miss X’s partner will not be overturned and should not be allowed to have contact with her children.
8. The Council has a legal duty to ensure children in its area are safeguarded. In this case, the Council has completed a detailed assessment of Miss X’s partner in line with its legal duty. We will not investigate because we cannot question the merits or professional judgement of the Council’s assessment simply because Miss X disagrees with it.
9. 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. As the father of Miss X’s children is currently taking legal action about the care and contact arrangements, it would be reasonable for Miss X, who is party to those proceedings, to raise any concerns she has in court. We will not investigate because we have no power to intervene or make decisions in place of the court.

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Final decision

10. We will not investigate Miss X’s complaint because there is not enough evidence of fault and it would be reasonable for Miss X to raise her concerns in court.

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Investigator's decision on behalf of the Ombudsman