Summary: We will not investigate this complaint about the Council’s response to the complainant’s concerns about his children’s welfare. This is because there is no evidence of fault on the Council’s part.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the council has failed to take appropriate action in response to his concerns about his daughters’ welfare and has acted with bias against him.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. Mr B’s daughters live with their mother, Mr B’s ex-wife. Mr B complains the Council has been at fault in its engagement with the family. Specifically, he says the Council has failed to take appropriate action in response to his concerns about his ex-wife’s care of their daughters.
6. Mr B further alleges the Council has acted with bias towards him and complains that Council officers discussed confidential matters with the children. He says that, as a result of the Council’s actions, he has no contact with the children.
7. The Ombudsman will not investigate Mr B’s complaint because there is no evidence of fault on the Council’s part. In response to his complaint, the Council explained to Mr B that it did consider his concerns but found no evidence to raise concerns about the children’s care. That is a matter for the professional judgement of the Council’s officers, and I can see no grounds for the Ombudsman to criticise it. It also says the children do not want contact with Mr B. If Mr B disagrees with the Council on the issue of contact, he may ask the Court to make an order. There is no role for the Ombudsman.
8. If Mr B believes the Council breached his confidentiality, he may wish to raise his concerns with the Information Commissioner, who is better placed than the Ombudsman to consider such matters.

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Final decision

9. We will not investigate Mr B’s complaint because there is no evidence of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman