City of Wolverhampton Council (22 000 431)

Category : Children's care services > Other

Decision : Closed after initial enquiries

Decision date : 02 May 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint that social workers have made false accusations against Mr X. The matters complained of are not separable from issues concerning contact with Mr X’s children, in respect of which Mr X has a right to go to court it would be reasonable to use.

The complaint

  1. Mrs X said social workers made false accusations against him and told lies. He said he was unable to speak to his children as often as he used to. He wanted the Council to see evidence he had submitted and not frustrate his children’s wishes to spend time with him when the children ask for this.

Back to top

The Ombudsman’s role and powers

  1. 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)

Back to top

How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

  1. Regardless of whether Mr X is right, it is not our role to recommend a council takes a different view of one parent where the issue is contact with children. Only a court can decide the contact arrangements for children.

Back to top

Final decision

  1. We will not investigate Mr X’s complaint because the matters complained of are not separable from the issue of contact with children, which only a court can decide. Mr X has a right to go to court it would be reasonable to use.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings