The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to consider parental alienation during its handling of Mr X’s son’s case. This is because there is insufficient evidence of fault to justify an investigation.
The complaint
Mr X complains the Council failed to consider parental alienation when it was dealing with his son’s case. He also complains the Council discriminated against him due to his gender and failed to consider he was a victim of domestic abuse.
The Ombudsman’s role and powers
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council confirmed to us it will not investigate Mr X’s specific complaint about parental alienation. This is because a decision on whether parental alienation occurred is a matter of professional judgment and the merits of this decision cannot be scrutinised through the complaints process.
The Council said it had suspended its consideration of Mr X’s other complaints while he sought advice about the Council’s refusal to consider the parental alienation complaint.
The Council should provide Mr X with its final response to his other complaints under stage 2 of its complaints process. Therefore, Mr X’s complaint about the Council failing to consider he was a victim of domestic abuse is premature. If Mr X is unhappy with the Council’s final response, it is open to him to make a new complaint to us.
With regards to Mr X’s complaint about failure to consider parental alienation, the Council has provided evidence of its consideration of the matter, including its rationale for its decision for why it did not consider parental alienation had occurred.
The Ombudsman cannot question the merits of a decision if it was properly made and considered. There is no evidence to suggest the Council failed to properly consider the issue of parental alienation. Therefore, we would not be able to find fault with the decision or overturn it.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman