The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council accepting what two children said and not checking Mrs X’s mobile phone. The matters complained of are not separable from that of contact with the children. Only a court can mandate contact, and we cannot achieve the outcome Mrs X is seeking.
The complaint
Mrs X said the Council wrongly failed to check her mobile phone for calls. She said this would prove the date of a call given by her grandchildren was wrong. She said the false information had led to the children’s father cutting contact.
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 or may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6)) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X is the maternal grandmother of two children, who live with their father. She is understandably distressed that she is currently unable to see her grandchildren. However, her aim is essentially for the Council to intervene to promote contact by vindicating what she has said to the children’s father.
Contact with children is decided by a court. Were we to recommend the Council does what Mrs X wants in confirming the date of a call, we would be making a recommendation that is inextricably linked to the issue of contact, which is at the heart of Mrs X’s complaint. We could not do that without in effect seeking to assist her in restoring contact.
I realise that it is not easy or straightforward for a grandparent to restore contact with a grandchild via a court. However, as contact arrangements for children can only be changed by a court, it would be reasonable to follow that process.
Final decision
We will not investigate Mrs X’s complaint because we cannot achieve the outcome she is seeking, which is not separable from matters that can only be decided by a court.
Investigator's decision on behalf of the Ombudsman