The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to the complainant’s concerns about his daughter’s welfare. This is because it concerns matters which can be considered in Court.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council has failed to take action in response to his concerns about his daughter’s welfare.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B’s daughter lives with her mother. Mr B says he has brought concerns about her welfare to the Council’s attention on a number of occasions. He complains that the Council has failed to act on them. Rather, it has offered support to his daughter’s mother. He has also expressed concerns about another child.
The Council has declined to consider Mr B’s complaint. It says his daughter’s care is the subject of private law proceedings and it has been directed to produce a Section 7 report for the Court.
We will not investigate Mr B’s complaint because his daughter’s welfare is the subject of legal proceedings. It would be appropriate for Mr B to raise his concerns in Court, and it will be for the Court to decide what weight to give to the evidence from Mr B and the Council. As the matter will be aired in Court, there are no grounds for the Ombudsman to intervene.
Final decision
We will not investigate Mr B’s complaint because it concerns matters which can be considered in Court.
Investigator's decision on behalf of the Ombudsman