The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about his contact arrangements with his children. There is no evidence of fault to justify our involvement because the Council has not previously been involved in the arrangements for Mr X’s children. It would be reasonable for Mr X to ask the court to decide on and formalise his contact arrangements as neither we nor the Council have the power to do so.
The complaint
Mr X complains that his contact arrangements for his children have ended. He wants the Council to help agree a plan so he can reestablish 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 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating and we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
The Council has explained to Mr X that it was not involved in making the arrangements for his contact with his children. Any arrangements about care and contact of children is a private matter between the people who have parental responsibility. Where those people cannot agree on those arrangements, only the court has the power to intervene and make decisions about what arrangements would be in the child(ren)’s best interests and on any matters of dispute.
We will not investigate this complaint because neither we nor the Council can make decisions about Mr X’s contact with his children. It would be reasonable for Mr X to take this matter to court.
Final decision
We will not investigate Mr X’s complaint because only the court can decide on care and contact arrangements for his children.
Investigator's decision on behalf of the Ombudsman