The Ombudsman's final decision
Summary: We will not investigate this complaint about the care of a looked after child because there is not enough evidence of fault to justify an investigation.
The complaint
Mr X complains the Council “failed to provide a legally intelligible reason” for its decision not to share information about his daughter’s care with him. He says this has left him unable to challenge the Council’s decision. He is unhappy with the Council’s response to his complaint.
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 we 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s daughter is in care.
In response to his complaint, the Council explained the Court had made an order under s34(4) of the Children Act 1989 which allows the Council to refuse contact between Mr X and his daughter. As a result, the Council is no longer required to promote contact between Mr X and his daughter. The Council explained that Mr X’s daughter does not wish to share personal information with him.
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation. The Council gave a clear explanation of the legal basis of its decision not to share information with Mr X.
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