Summary: We will not investigate this complaint about a Children and Families assessment and the impact it had on Mr X’s contact with his child. It is reasonable for Mr X to raise his concerns as part of private court proceedings. The Council has agreed that Mr X can add an addendum to its assessment with his comments. Further investigation by us would not lead to a different outcome.

The complaint

1. Mr X complained about the Child and Family assessment the Council completed after he reported being the victim of domestic abuse. He said the assessment was inaccurate, prejudiced and recorded his ex-partner’s (Ms W’s) description of domestic abuse as fact, rather than allegations. He said the Council had failed to safeguard his child, Y, from Ms W. He said the Council’s assessment had influenced a report that was prepared as part of private court proceedings. He said that has resulted in him not having contact with Y.
2. Mr X wants the Council to improve how it completes assessments on families; ensure it completes assessments equally and to differentiate between allegations and facts.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
5. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

8. The Council completed a Children and Family assessment after Mr X contacted it about Ms W’s behaviour. Mr X complained about the content of that assessment. He said the Council had met with Ms W twice but had only spoken to him on the telephone. He said the assessment recorded information provided by Ms W as fact. He said Ms W was preventing Y having contact with him, and the Council had not considered the impact on Y in the assessment.
9. The Council did not uphold his complaint. It said the assessment was based on a range of sources, including information from him, Ms W and two visits to Y. It said the use of language in the assessment was appropriate. It said it did not identify a safeguarding risk to Y therefore did not assess the need for further social care involvement. It said that any contact difficulties were a private court matter. It offered Mr X the opportunity to add his comments to the assessment as an addendum.
10. Although Mr X is unhappy with the Council’s response and believes its assessment has impacted his contact with Y, we will not investigate this complaint. As the Court is currently considering Y’s contact arrangements with Mr X, it is reasonable for Mr X to raise any concerns he has about the accuracy of that assessment, including its considerations of Y’s welfare as part of the private court proceedings. The Council has said Mr X can add an addendum to its assessment to ensure his views are recorded. Further investigation by the Ombudsman is unlikely to lead to a different outcome. Therefore, it is not worthwhile to investigate further.

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Final decision

11. We will not investigate Mr X’s complaint as it is reasonable for him to raise his concerns in the court.

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Investigator's decision on behalf of the Ombudsman