Summary: We will not investigate Mr X’s complaint about contact with his son because there is nothing we could add to the independent investigation that has already taken place.

The complaint

1. Mr X complains the Council instructed the mother of his son to breach a Child Arrangements Order. He complains about his dealings with the Council. He says the result has been “drift” in private family proceedings.

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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 we 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 Council. (Local Government Act 1974, section 24A(6))
3. We cannot investigate a complaint about the start of court action or what happened in court. This includes assessments and reports undertaken on behalf of the Court for private family proceedings. (Local Government Act 1974, Schedule 5, paragraph 1)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I have carefully considered everything Mr X said, although I have not included every detail here. I have included as few details as possible to ensure the anonymity of Mr X and his son.
7. Mr X complains the Council told his son’s mother to collect him from school one Friday in February 2025. Mr X’s son was due to spend the weekend with him. He was reported to be unhappy at the prospect of being collected by his father and showing signs of distress at school.
8. Mr X complains that in doing so, the Council was instructing his son’s mother to breach the terms of a Child Arrangements Order and promoting “parental alienation”.
9. The Council responded to Mr X’s complaint at all three stages of the children’s complaints process. This involved an independent investigation and complaint review panel.
10. There is nothing we could add to the independent investigation that has already taken place, and there is not enough evidence of fault to justify further investigation.
11. We cannot investigate matters linked to private family proceedings which were happening at the time.

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Final decision

12. We will not investigate Mr X’s complaint because there is nothing we could add to the independent investigation that has already taken place.

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Investigator's decision on behalf of the Ombudsman