The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of social workers towards the complainant and his children because we cannot achieve anything significant by doing so.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council has failed to treat him as a victim of domestic abuse and has 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 says he was the victim of domestic abuse during his marriage. He says the Council treated him as a perpetrator rather than a victim when assisting his wife to move to a refuge with their children. He says the Council has failed to keep him informed about the children’s welfare and is preventing him from having contact with them.
Mr B says he has commenced legal proceedings. He wants the Council to allow him to have contact with the children pending the outcome.
The Ombudsman will not investigate Mr B’s complaint because we cannot achieve anything significant by doing so. It is not the Council’s role to facilitate contact unless ordered to do so by the Court. Therefore, investigation by the Ombudsman could not achieve the outcome Mr B wants. Mr B has initiated legal proceedings and the Court will decide the matter.
The evidence Mr B has provided shows that he has contact details for the children’s social worker and has been invited to engage with them. The Council has also set out the limits of its involvement in the matter of contact. There is nothing further for the Ombudsman to achieve and our involvement is not warranted.
Final decision
We will not investigate Mr B’s complaint because we cannot achieve anything significant by doing so.
Investigator's decision on behalf of the Ombudsman