Summary: We will not investigate Mr X’s complaint about his contact with his child. There is nothing more we could add to the Council’s responses to Mr X’s complaints to justify us investigating this matter further. It would also be reasonable for Mr X to ask the court to decide on child contact arrangements as neither we nor the Council have the power to do so.

The complaint

1. Mr X complains the Council did not help facilitate contact with his child while he was on police bail, despite the police advising Mr X the Council could do this. Mr X believes the Council discriminated against him and he wants it to help him see his child.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. We investigate 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 continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has responded and had telephone discussions with Mr X about his complaints. It has apologised for not returning his calls in a timely manner on occasion and for not telling him it had ended its involvement with his child’s case. The Council has also explained to Mr X that because it does not have parental responsibility for his child, it has no say in contact arrangements.
8. The Council’s responses to Mr X’s complaints appear detailed and thorough. There is unlikely to be additional evidence we could examine to reach different findings or conclusions. Because of this we should not investigate.
9. Any arrangements about the care and contact of children is a private matter between the people who have parental responsibility. Where those people cannot agree on those arrangements, only the court has the power to intervene and make decisions about what arrangements would be in the child(ren)’s best interests and on any matters of dispute.
10. We will not investigate this complaint because neither we nor the Council can make decisions about Mr X’s contact with his child. It would be reasonable for Mr X to take this matter to court.

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Final decision

11. We will not investigate Mr X’s complaint because we could not add to the Council’s responses. In addition, only the court can decide on care and contact arrangements for Mr X’s child.

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Investigator's decision on behalf of the Ombudsman