Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s 2017 assessment of his family and how it has dealt with his complaints. The Family Court is considering an application from Mr X regarding the welfare of his children. Mr X may complain to the Council again at the end of the legal proceedings.

The complaint

1. Mr X complains the Council has failed to safeguard his children. He says they are at risk due to the behaviour of their mother who has left them alone and uses drugs.
2. Mr X complains the Council has a culture of unconscious bias against fathers and has treated him badly over some years. He says he has not seen his children for two years and yet he has done nothing wrong.
3. Mr X complains the Council has failed to deal with his complaints and has refused his request to go to stage 3 of the statutory complaint procedure. Mr X says the Council should pay compensation for causing distress, harm, and for court costs.

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The Ombudsman’s role and powers

4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I have considered Mr X’s information and comments and discussed the complaint with him by telephone. I have clarified the position with the Council and considered the complaint correspondence, including the stage 2 reports. I have considered the Children Act 1989 statutory complaint procedure regulations.

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What I found

6. I understand there was a history of problems with shared care and contact, following the separation of the parents, which led to court cases. Mr X tells me that he has not seen his children for two years and has indirect contact with them.
7. In May 2017 Mr X reported to the Council his safeguarding concerns. On 8 June 2017 the Council completed its assessment report on the family. Mr X complained about the assessment. In December 2018 the Council wrote to Mr X having discussed his complaints at a meeting. In 2019 the Council decided to deal with the complaints via the Children Act 1989 statutory complaint procedure.
8. On 2 July 2019, the Council wrote to Mr X at stage 2 of the procedure having considered the reports on the complaint. The Council accepted the findings in the reports and apologised to Mr X including for the frustration and inconvenience caused by the complaint handling. The Council advised Mr X, and later his MP, that he could come to this office if he was not happy with the outcome. The Council refused stage 3 without referring to the complaint regulations.
9. In 2019, Mr X has applied to the Family Court for a child arrangements order. The Court is considering his application which explains his fears about the welfare of his children, safeguarding issues, and being alienated from them.

Analysis

10. I will not investigate this complaint for the following reasons:
1. The Court is considering the welfare of Mr X’s children and his concerns.
2. The Council is entitled under the statutory complaint regulations not to consider a complaint where the complainant has applied to court and it considers the proceedings could be prejudiced. The Council has informed me this is its position.
3. Once the court case is concluded, Mr X can ask the Council to deal with his complaint at stage 3 of the complaint procedure. The Council has agreed with the Ombudsman that it will arrange stage 3. Mr X can return to this office if it fails to do so, or he disagrees with the outcome. He should do so without delay.

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Final decision

11. The Ombudsman will not investigate Mr X’s complaint about the Council’s 2017 assessment of his family and how it has dealt with his complaints. The Family Court is considering an application from Mr X regarding the welfare of his children. Mr X may complain to the Council again at the end of the legal proceedings.

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Investigator's decision on behalf of the Ombudsman