Dorset Council (24 010 285)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 18 Dec 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council preventing contact between children and their birth family because only a court can decide disputed matters of contact and residence. We have no legal power to say what contact should be, or whether the children should be returned to their birth family.
The complaint
- Mr X said the Council has prevented contact between children of his extended family and family members, and has alienated and ostracised the family. He wanted the children returned to their birth family.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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 we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Only a court can decide if the children should have contact with or reside with their birth family. We lack any power to comment on whether there should have been contact, or to make recommendations about residence or contact. Therefore, it would be reasonable for a family member to approach a court.
Final decision
- We will not investigate Mr X’s complaint because only a court can decide what contact and residence arrangements for children should be. We lack any power to do that. It would therefore be reasonable for a family member to take the matter to court.
Investigator's decision on behalf of the Ombudsman