Council criticised over role in case where mother took children to Australia
A county council has been criticised by the Local Government Ombudsman over errors – including a failure to obtain legal advice and to alert border agencies – in a case where a mother took her children to Australia without their father’s consent.
The LGO said Somerset County Council first became aware of the family when the father visited council offices and called on its services for help.
The father said he was unable to work, and the mother, an Australian citizen, was now unable to work because her visa had expired. Staff raised concerns when he became agitated after he was told he needed to make an appointment.
Officers spoke to the mother later that day and she made accusations about the father’s behaviour.
Officers at Somerset assessed the children and met with the mother on a number of occasions, during which time the mother claimed that the father was “emotionally abusive and very controlling”.
The mother refused officers’ attempts to find her a refuge.
The Ombudsman said notes of meetings between Somerset and the mother stated she intended to apply for passports for the children and an officer suggested they be sent to the council offices.
At one stage she told the local authority that she had booked flights for her and her children and of their leaving date. She did not tell the father she was leaving the country with their children.
On learning the mother had taken the children out of the country the father contacted police and began court proceedings to have the children returned to the UK.
A British court determined the mother could not take the children to live permanently in Australia but said they should spend equal time with both parents. The allegations of domestic violence against the father have not been proven, and the court has awarded him joint custody of the children.
The father complained to the council about its involvement in helping the mother take the children out of the country.
Somerset’s own investigation found it had not acted appropriately in allowing the mother to use the council’s address to apply for passports. It also found the council should have reasonably suspected the mother would leave the country and should have made contact with the Border Agency and police. It said the council should have sought legal advice to provide appropriate support.
The father was not satisfied with Somerset’s complaints process and the time it had taken to respond to his complaint and asked the LGO to investigate.
The LGO investigation found no fault with the way the council responded to the mother’s allegations of domestic abuse against the father because it had a duty to ensure the children were safe.
However, the Ombudsman’s investigation criticised the way Somerset had handled the passport applications. It also found fault with the council’s failure to seek legal advice or notify the relevant agencies of the mother’s travel intentions.
“Had they done so it is more than likely she would have been prevented from leaving the country without his knowledge,” the LGO said.
The investigation also found fault with the length of time the council took to investigate the father’s complaint.
The Ombudsman recommended that the council:
- Pay the father £4,000 in respect of his expenses incurred when ensuring his children were returned to the UK;
- Pay the man £1,000 for the distress, anxiety, anger and frustration he experienced.
Michael King, Local Government Ombudsman, said: “Whatever the circumstances, children should not be taken out of the country without the consent of all who have parental responsibility for them.
“In this case, Somerset council were aware of the mother’s plans, and should have alerted the relevant authorities to her intentions. Had they done so, it is likely she would have been prevented from taking them to Australia, and the father would have been spared both the heartache of losing contact with his children for a number of months and the cost of returning them to the UK.”
