Summary: The Ombudsman will not investigate this complaint that the Council aided and abetted in the abduction of the complainant’s children. This is because there is insufficient evidence of fault by the Council and because the Ombudsman cannot investigate crime.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council has aided and abetted the abduction of his children.

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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. (Local Government Act 1974, section 24A(6), as amended)
3. The Ombudsman cannot investigate allegations of crime. That is a matter for the police.

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How I considered this complaint

4. I read the complaint and got some background information from the Council. I invited Mr X to comment on a draft of this decision.

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What I found

What happened

5. Mr X contacted the Council to ask for information about what schools had admitted his children. He said his children had been abducted. He said he had a court order giving him residency of the children. He did not give the Council a copy of the court order but he provided birth certificates and a crime reference.
6. The Council said it could not disclose information to Mr X but it would cooperate with any direct request for information from the police. The Council suggested Mr X seek further help from the police or get legal advice. The Council says it has not been contacted by the police.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council. There are strict rules regarding the disclosure of information, especially when it relates to children. However, the Council acted appropriately by telling Mr X that it would respond to any request for information from the police and by suggesting Mr X return to the police or get legal advice. There is nothing more the Council could have done in the circumstances.
8. Mr X alleges the Council has committed a crime and has aided and abetted the abduction of his children. The Ombudsman cannot investigate allegations of crime. This is an allegation Mr X would need to make to the police.

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Final decision

9. I will not start an investigation because there is insufficient evidence of fault by the Council and because allegations of crime need to be considered by the police.

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Investigator's decision on behalf of the Ombudsman