Summary: We will not investigate this complaint about the assessment written by the Council concerning Mr X’s family and its alleged bias against him. Investigation by us would not achieve the outcome Mr X is seeking, of a fresh assessment and different recommendations for contact with his children. Mr X has a right to go to court to seek changes to contact arrangements it would be reasonable to use as only a court could deliver the outcome he is seeking.

The complaint

1. Mr X said the Council conduct towards him in assessing his family was biased, in that it accepted what his ex-partner said uncritically but failed to take account of what he said. He said a social worker used wrong and at times fictitious information. He said there had been no support from other sources for his ex-partner’s allegation that he harmed their children. Mr X said the Council had failed to explain what it was doing.
2. Mr wanted a fresh assessment carried out by an independent social worker, and for contact arrangements to be restored to their previous position.

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The Ombudsman’s role and powers

3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
4. 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)

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How I considered this complaint

5. I considered information provided by the complainant, including correspondence with the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The matters complained of relate to the Council’s assessment of Mr X’s family and its decisions regarding contact. Mr X maintains the Council has gone about its work in a biased way, favouring his ex-partner and accepting what she has said uncritically. The Council stands by its assessment.
8. The key reason why we will not investigate the complaint concerns Mr X’s desired outcome. We have no legal authority to recommend any specific contact arrangements or say who may safely care for or have contact with a child. That would be for a court to decide, and it would thus be reasonable for Mr X to go to court to seek the restoration of contact arrangements he is looking for. The Council would have to justify its position to the court, which is able to judge the professional opinion reached by the Council. We are not able to perform the same function.
9. Investigation of how the Council explained its actions to Mr X would not lead to any worthwhile income given the substantive matter is one a court would be best placed to resolve.

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Final decision

10. We will not investigate Mr X’s complaint because:

• We could not achieve the outcome Mr X is seeking; and
• Mr X has a right to go to court it would be reasonable to use.

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Investigator's decision on behalf of the Ombudsman