Summary: We will not investigate Mr X’s complaint about the Council’s involvement with his child. This is because it would be reasonable for Mr X to seek to reestablish contact with his child through the courts. We also have no jurisdiction to make the Council take disciplinary action against the staff involved.

The complaint

1. Mr X complains about the Council’s involvement with his child, following a safeguarding referral in 2023. Mr X believes the Council persuaded his child’s mother to stop his contact. He says he has not seen his child for two years and this has caused him significant distress. He wants the Council to admit wrongdoing in his case and take disciplinary action against the staff involved.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. When we find fault, we can recommend remedies for significant personal injustice, or to prevent future injustice, caused by that fault. We look at organisational fault, not individual professional competence. Decisions about individual’s fitness to practise or work are for the organisations concerned, and for professional regulators, not the Ombudsman. (Local Government Act 1974, s26(1) and s26A(1) as amended)

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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 in its complaint responses to Mr X that it had limited involvement with his child and did not make the decision to stop his contact. The Council also confirmed that it reiterated the advice of another council to the mother of Mr X’s child to consider stopping contact to make sure the child was appropriately safeguarded. The Council also told Mr X to seek independent legal advice about reestablishing contact with his child.
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’s best interests and on any matters of dispute.
9. We will not investigate this complaint because neither we nor the Council can make decisions about Mr X’s contact with his child. It would be reasonable for Mr X to take this matter to court.
10. In addition, Mr X says he wants the Council to take a disciplinary action against the staff involved in this case. We would not be able to achieve this outcome as any disciplinary actions between the Council and its employees are outside our jurisdiction. If Mr X has concerns about the professionalism or conduct of an individual social worker, he can report his concerns to their professional body, Social Work England.

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Final decision

11. We will not investigate Mr X’s complaint because it would be reasonable for him to take this matter to court and we no jurisdiction to make the Council take disciplinary action against the staff involved.

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Investigator's decision on behalf of the Ombudsman