The Ombudsman's final decision
Summary: Mr X complained the Council failed to follow a court order and facilitate contact between him, his child Y and his former stepchild W. He said this has caused him and Y significant frustration and distress. There was no fault in the Council’s actions.
The complaint
Mr X complained the Council failed to carry out a court order which instructed it to allow Mr X to have letter contact with his former step-child W.
Mr X said this matter has caused him and his child Y distress.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I made enquiries of the Council and considered the information it provided. This included complaint correspondence shared between Mr X and the Council.
I will write to Mr X and the Council with the details of the draft decision. I will consider any comments I receive before I write the final decision.
What I found
Law A Looked after Child (LAC) is any child who is subject to a care order or accommodated away from their family by a local authority under section 20 of Children Act 1989 .
The Council must, as far as reasonably practicable, obtain the wishes and feelings of the child and their parents. The Council should be able to evidence it has shown regard to the wishes and feelings of the child and any other “relevant people.”
The local authority has a duty under section 22 of Children Act 1989 to safeguard and promote the child’s welfare. The Council must, among other things: act in the best interests and promote the physical and mental health and wellbeing of said child or young person; and take into account the views, wishes and feelings of said child or young person.
What happened
Background
Mr X shares child Y with his ex-partner Ms D. He was also the stepfather to Ms D’s child W. W has been a looked after child for several years.
In 2018 Mr X applied to the courts for contact with W after she told a social worker she no longer wished to have face to face contact with Mr X or Y. The court ruled the Council should: facilitate letter contact between W and Y 4 times a year for 30 minutes, keeping this arrangement under review; and assist Mr X in writing a letter for W that she could read when she wished to.
Mr X’s complaint Mr X first complained to the Council in May 2019. He asked if W was aware he had written a letter for her and if the Council had negatively influenced W’s opinion of him.
He complained again in June 2019 and sent the Council a letter he wanted W to sign as proof she no longer wanted contact with him or Y. He asked the Council whether letters and gifts he sent W were reaching her and wanted the Council to investigate why W was no longer willing to have a relationship with him and Y.
The Council investigated Mr X’s complaint in line with its corporate complaints process and provided a Stage 1 response on 17 June 2019. The Council said W did not want to have any communication with Mr X and Y and the Council was respecting her wishes. The Council told Mr X various letters and gifts he sent were being stored for W to access when she wanted to. The Council said it could not reveal why W no longer wished to have contact with him or Y.
Mr X told the Council he was mostly satisfied with the response but asked further questions about W and her reasons for stopping contact. Mr X asked again if W was receiving gifts he and Y had sent and when the Council were going to ask W if she wanted to resume contact with Mr X and Y. Mr X said Y had been negatively affected by the lack of contact with W and the Council should consider this.
The Council responded at Stage 2 of its complaints process on 10 July 2019. The Council reiterated W did not want contact with Mr X but confirmed it would investigate whether the gifts he sent were received. The Council said social workers were visiting W every 6 weeks to discuss her wishes and she was aware there were letters from Mr X and Y being held for her.
Mr X was unhappy with the Council’s response as he wanted to know exactly what the Council had discussed with W. The Council told Mr X that all social workers who had worked with W had behaved professionally and without bias. The Council said it was informing W she had items being kept for her at reviews taking place every 6 to 12 weeks.
Mr X made a further complaint in July 2020. He was unhappy the Council would not confirm if W had seen the letter or asked her whether she wanted to read it. He also enquired about W’s wellbeing. The Council reiterated its previous position and confirmed that W was aware of the letter.
Mr X went on to make a subject access request. He contacted the Council in October 2021 and was unhappy it did not appear to show the Council had asked W if she would like to see the letter or Mr X. The Council said it told Mr X in July 2019 that it would not continue to ask W about contact with Mr X or Y as she had made her views clear, and it was inappropriate to continue probing her.
Mr X brought the complaint to the Ombudsman as he remained unhappy with the situation.
In response to the Ombudsman’s enquiries the Council provided telephone notes from 2019 which show the Council has confirmed to Mr X that W has received letters from Y. They record W’s social worker informing Mr X that the letter he wrote was not appropriate for a child to read. The Council has again confirmed that the letter is on file for W to read when she wishes.
The Council has provided notes taken during supervisory visits and reviews carried out with W between 2018 and 2022. The subject of contact with Mr X and Y is discussed and W remains consistent in her decision not to resume contact. The notes also show the Council has made W aware she can change her mind.
Findings
Mr X is unhappy the Council will not confirm specific details concerning W and her decision not to have contact with Mr X or Y. He is also unhappy the Council has not reminded W about the letter or asked her whether she wants to resume contact. It is not the Ombudsman’s role to comment on the merits of a decision made by the Council if the evidence shows the Council has followed the correct laws and process in making this decision. The Council’s role is to safeguard W and make decisions which are in her best interest. Part of safeguarding W is respecting her privacy and her wishes. Having reviewed the evidence provided I find the Council has acted in line with this. The evidence shows W has consistently stated over a sustained period of time that she does not wish to have contact with Mr X or Y, that she is aware she can resume contact with Mr X and Y and that she can access the letters and gifts being held for her when she wants to. It is understandable Mr X finds this situation difficult, but this is not the fault of the Council. Mr X does not hold parental responsibility for W and it would be inappropriate for the Council to disclose further information. The court instructed the Council to assist Mr X in writing a letter for W that she can read when she wishes to. The evidence shows the Council has complied with this ruling. There is no fault with the Council’s actions.
Final decision
There was no fault in the Council’s actions. I have completed the investigation.
Investigator's decision on behalf of the Ombudsman