Summary: Mr X complained the Council failed to prevent his child (Y) from being taken out of the country illegally by Y’s mother. I ended this investigation as there is not enough evidence of fault to justifying investigating.

The complaint

1. Mr X complained the Council failed to prevent his child (Y) from being taken out of the country illegally by Y’s mother. Mr X says this caused distress, frustration and uncertainty.

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The Ombudsman’s role and powers

2. 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:

• there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
4. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Relevant law and guidance

5. To take a child out of the country, the person must get permission from everyone with parental responsibility for a child. Taking a child abroad without permission is child abduction.
6. If a person cannot get permission from the others with parental responsibility, they will need to apply to a court for permission to take the child abroad.

Child in need

7. When a council assesses a child as being in need, it supports them through a child in need plan. This should set clear, measurable outcomes for the child and expectations for their parent. Councils should review child in need plans regularly.

What happened

8. Mr X has a child Y with his ex-partner Ms Z. Y was on a child in need plan. There was a child in need meeting in April 2025 and no concerns were raised about Ms Z’s parenting.
9. The following month Ms Z took Y out of the country for three months without getting permission from Mr X.
10. In July 2025, Mr X complained the Council failed to prevent Ms Z from taking Y out of the country illegally. The Council refused to consider the complaint as it said it had to balance the rights of individuals.
11. Mr X remained dissatisfied with the Council’s handling of the matter and complained to us. I have been unable to obtain any further information from Mr X about his complaint.

My findings

12. Mr X complained the Council failed to prevent Ms Z from taking Y out of the country illegally in May 2025. However, the records from the previous month show the Council had no concerns about Ms Z. There was also nothing in the records to suggest Ms Z was planning to take Y out the country. Therefore, the Council could not foresee this happening.
13. I decided to end my investigation as there is not enough evidence of fault to justify investigating.

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Decision

14. I ended this investigation as there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman