Summary: The Ombudsman will not investigate this complaint about the complainant’s wish to have contact with his grandchild. This is because there is insufficient evidence of fault by the Council. In addition, the Ombudsman cannot achieve the outcome the complainant wants. The complainant would need to take the matter to court.

The complaint

1. The complainant, whom I refer to as Mr X, complains that he cannot see his grandchild and the Council will not help him.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe:

• it is unlikely we would find fault, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

Back to top

How I considered this complaint

3. I read the complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision.

Back to top

What I found

What happened

4. The court decided Mr X’s grandchild should live with Ms T. The court granted full residency to Ms T. The court order means Ms T can decide who the child has contact with.
5. The Council does not have responsibility for the child and cannot decide who the child should have contact with.
6. There was an arrangement that Mr X could see the child once a month. Mr X has not seen the child since July.
7. Mr X complained to the Council that he was no longer able to see his grandchild. The Council explained that Ms T could decide who sees the child. The Council said it could not help him and it suggested he get legal advice.

Assessment

8. I will not start an investigation for the following reasons.
9. There is insufficient evidence of fault by the Council. The court granted residency to Ms T which means she can decide who the child has contact with. The Council correctly explained this to Mr X and explained it cannot arrange contact between Mr X and the child. It also suggested Mr X get legal advice.
10. Mr X wants contact with his grandchild. I cannot achieve this as an outcome because I have no power to tell Ms T she must allow Mr X to have contact. I also cannot tell the Council to arrange contact.
11. The court order allows Ms T to decide who the child should have contact with. If Mr X disagrees with the court order he would need to go to court. I cannot change the court order.

Back to top

Final decision

12. I will not start an investigation because there is insufficient evidence of fault by the Council. In addition, I cannot achieve the outcome Mr X would like and these are matters for the court.

Back to top

Investigator's decision on behalf of the Ombudsman