Summary: We will not investigate this complaint about the Council’s handling of contact arrangements. This is because there is not enough evidence the Council is at fault to warrant an investigation.

The complaint

1. Miss X says she no longer has contact with children she is related to. She says she misses seeing the children. Miss X says the Council’s lack of communication about the matter has caused her distress.

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The Ombudsman’s role and powers

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

2. I considered information provided by the complainant and the Council.
3. I considered the Ombudsman’s Assessment Code.

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My assessment

4. Miss X says she asked the Council to consider reinstating contact but did not receive a timely response from the Council.
5. Miss X made a formal complaint to the Council. The Council’s response to Miss X offered an apology for not responding to her emails. The Council apologised for not responding to Miss X and explained contact arrangements remain under review but there were no immediate plans to make changes.
6. While I understand Miss X’s upset at not seeing the children, the Council’s response to her is adequate and proportionate. There is not enough evidence the Council is at fault here and we will therefore not investigate this complaint.

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Final decision

7. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman