The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to restrict contact between Mr X and his partner. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
Mr X complained that since his partner was taken into care, he has been prevented from having contact with her.
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.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council after his partner was taken into care and he was not given details about where she was living or allowed to speak with her on the phone.
The Council explained to Mr X that his partner had said she did not want to have contact with Mr X and did not want him to be told where she lived. The Council advised that as Mr X’s partner has capacity to make her own decisions, it was required to act in line with his partner’s wishes. The Council said this was confirmed by its legal department. The Council told Mr X it would keep the situation under review and contact him if the situation changed.
Mr X has brought his complaint to the Ombudsman as he remains unhappy with the situation. The Council has confirmed that Mr X’s partner does not wish to have contact with him, and it is honouring her request. There is no evidence Mr X’s partner does not have capacity to make her own decisions or to bring her own complaint regarding this situation. An investigation into this matter would therefore be unlikely to result in finding fault with the Council’s actions.
Final decision
We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman