The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about parental responsibility and access to a child because there is not enough evidence of fault to justify an investigation.
The complaint
Mr X complains the Council will not facilitate his access to a child he believes to be his daughter. He says he has tracked down the child and wants to assume the full scope of his parental responsibility. He says he is waiting for formal authorisation from the Council. He appeals to the Council’s sense of humanity.
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has declined Mr X’s request and refused to share any information about the child with him because he does not have parental responsibility for the child.
There is not enough evidence of fault to justify an investigation.
Parental responsibility is a private matter between Mr X and the mother of the child. Mr X may need to apply to court. It is not something the Council can authorise. Mr X can find further information about parental responsibility online at https://www.gov.uk/parental-rights-responsibilities
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman