The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to complaints Mrs B has made since the conclusion of legal action relating to her children. This is because there is no evidence of fault on the Council’s part.
The complaint
The complainant, who I will refer to as Mrs B, complains that the Council is at fault in refusing to accept complaints from her following the conclusion of legal action.
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
Mrs B’s children have been the subject of legal proceedings. The Court has made a child arrangement order with regard to the children’s care and contact with them. It has also made a prohibited steps order which in part governs Mrs B’s contact with the Council. Mrs B says the Council has unreasonably refused to deal with complaints from her and that this has effectively denied her a voice.
The correspondence shows that the Council has declined to deal with contact from Mrs B which relates to matters the Court has considered, or matters Mrs B could have raised with the Court. It is entitled to take this position, and the Ombudsman will not criticise it for doing so. It has also said it is prepared to accept complaints about entirely new matters in the normal way, so long as the contact Mrs B makes is in line with the provisions set out in the prohibited steps order.
The Ombudsman will not investigate this complaint because there is no evidence of fault on the Council’s part. I have no reason to doubt that Mrs B can make complaints about new matters. If Mrs B believes the Council is not implementing to Court’s wishes her recourse is to go back to Court. There are no grounds for the Ombudsman to intervene.
Final decision
We will not investigate Mrs B’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman