Summary: We will not investigate Mr X’s complaint about the care of his grandchildren because there is not enough evidence of fault to justify an investigation, and nothing we could add to the Council’s response. We cannot achieve the outcome Mr X wants.

The complaint

1. Mr X’s complaint concerns the care of his grandchildren. At the time he made his complaint to us, the children were the subject of care proceedings. They were looked after by the Council. Mr X said the Council’s involvement had destroyed his family. He said he wanted the Council to make things good.
2. Mr X’s complaint to the Council was more specific. He was unhappy he had been stopped from whispering to the children at supervised contact sessions, and that he had not been re-admitted to a meeting he had to leave when he became upset. He said he had concerns he wanted to discuss with the social workers.

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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:

• there is not enough evidence of fault to justify investigating,
• we could not add to any previous investigation by the organisation,
• we cannot achieve the outcome someone wants, and
• there is another body better placed to consider parts of the complaint.

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

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council’s complaint response acknowledges that Mr X plays an important role in the children’s lives and confirms the Council’s commitment to working with him.
7. The Council’s response to Mr X’s complaint was sound. Whispering to the children is not compatible with supervised contact, and the Council offered to meet with Mr X again to discuss his concerns. There is not enough evidence of fault to justify an investigation by us. There is nothing we could add to the Council’s response.
8. Mr X complained to us at a difficult time in his life. He said he wanted the Council to make things better. This is beyond our remit. We cannot achieve the outcome Mr X wants.
9. The Courts will be making the big decisions about the children’s lives. It may be possible for Mr X to ask the judge for permission to join the proceedings. He may wish to get legal advice first.

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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 an investigation by us, and nothing we could add to the Council’s response. We cannot achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman