The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to provide the complainant with information about what it has said to his ex-wife. This is because there is no evidence of fault on the Council’s part.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council has failed to provide him with information he has requested, and that its actions have prevented him from having contact with his children.
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 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B’s children live with his ex-wife. Mr B says he believes the Council has threatened to take the children away from her, and that this led directly to his ex-wife refusing to allow him contact with the children.
Mr B has asked the Council to clarify its position and provide him with details of what it has told his ex-wife. The Council has declined to do so. Mr B believes this is fault on the Council’s part.
We will not investigate this complaint. The Council has explained that it cannot share details of what it has said to Mr B’s ex-wife without breaching her confidentiality. This is not something the Ombudsman would ask it to do and there is nothing to suggest the Council’s position amounts to fault. If Mr B believes the Council is denying him information to which he is entitled, he may choose to pursue his rights under data protection law. There are no grounds for the Ombudsman to intervene.
It is for the courts to decide on issues of care and contact, and the Council could not take the children from their mother’s care without the merits of the decision being tested in court. If Mr B believes he is wrongly being denied contact with his children, his recourse is to go to court.
Final decision
We will not investigate Mr B’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman