Summary: We will not investigate Mr X’s complaint about the Council’s response to his request for information about his son. This is because an investigation by this office could not add to the responses already provided via the Council’s own investigation of the matter.

The complaint

1. The complainant, Mr X, complains the Council has not answered his questions about his son’s location and wellbeing after his ex-wife forbid his son from contacting him by phone. Mr X lives overseas and cannot visit the UK.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), 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 we could not add to any previous investigation by the organisation. (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. Mr X contacted the Council and asked it to answer his questions about his son’s location and wellbeing and help him resume contact with him. Mr X’s son and ex-wife entered the UK as refugees and following their divorce and move to the UK Mr X’s ex-wife will not allow his son to communicate with him.
7. The Council told Mr X it made several attempts to contact his ex-wife following his request but these were unsuccessful. It said it would inform Mr X if it received a response and that without contact from her it cannot share information with Mr X. It explained this is a private family matter with no further role for the Council and that Mr X would need to seek legal advice. Mr X has explained that this would be difficult for him to do due to the current situation in his country.
8. We will not investigate Mr X’s complaint. This is because an investigation by this office would not be able to add significantly, if at all, to the response and explanation the Council has already provided. It is a private matter with no further role for the Council at present.

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Final decision

9. We will not investigate Mr X’s complaint because we could not add to the response the Council has already provided via its own investigation of the matter.

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Investigator's decision on behalf of the Ombudsman