Summary: We will not investigate Mr X’s complaint about the Council’s actions following care proceedings because it is reasonable for him to take the matter to court.

The complaint

1. Mr X complains the Council:
• Has limited his access to his children;
• Has not been supportive of him; and
• Does not provide satisfactory updates about his children.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
3. 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))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The court granted care orders for Mr X’s children. A care order gives the Council parental responsibility and allows the Council to take the child into its care. The Council has a duty to give parents reasonable contact with their children in care. If parents are unhappy with the amount of contact allowed by the Council they can apply for a contact order at court. It is reasonable for Mr X to use his right to apply for a contact order at court so I will not investigate this matter.
7. Mr X says his children’s social worker has not offered him enough support. In its complaint response the Council signposted Mr X to other services for additional support as it is not the social worker’s duty to support his needs. There is not enough evidence of fault to justify further investigation.
8. The Council has a duty to hold a review meeting every six months for children in care which parents are invited to attend. The Council has met its duty and Mr X has attended past meetings and has received an invite for the next meeting. It is unfortunate the meetings are not as frequent as Mr X would like however the Council has told Mr X he can contact the case officer for updates between meetings. There is not enough evidence of fault to justify investigating further.

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Final decision

9. We will not investigate Mr X’s complaint because it is reasonable for him to take the matter to court.

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Investigator's decision on behalf of the Ombudsman