Summary: The Ombudsman will not investigate Mr B’s complaint about the Council’s involvement in issues concerning his daughter. This is because it falls outside our jurisdiction as the matters complained about have been the subject of court proceedings and they happened too long ago to be investigated now.

The complaint

1. The complainant, who I refer to as Mr B, complains about the Council’s involvement in his daughter’s case and its lack of support before and during the court process which he says has resulted in his lack of contact with her.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

Back to top

How I considered this complaint

4. In considering the complaint I reviewed the information provided by Mr B and the Council. I gave Mr B the opportunity to comment on my draft decision.

Back to top

What I found

5. In 2017 the Council was involved in providing information to the court in connection with protracted legal proceedings between Mr B and his ex-partner which involved their daughter and his contact with her.
6. In March 2018, the Court of Appeal allowed Mr B’s ex-partner to move abroad with their daughter.
7. In responding to Mr B’s recent contact with it about these matters, the Council has explained to him that it cannot change the Court’s decision to allow his ex-partner and their daughter to relocate abroad and that if he wishes to pursue the matter further, he should seek legal advice.

Assessment

8. The matters Mr B complains about have already been the subject of court proceedings and as such they fall outside the Ombudsman’s jurisdiction and cannot be investigated.
9. Moreover, as they relate to past events which Mr B has been aware of for over 12 months, the restriction highlighted at paragraph 3 also applies to the complaint.

Back to top

Final decision

10. The Ombudsman cannot investigate this complaint. This is because it falls outside our jurisdiction as the matters complained about have been the subject of court proceedings and they happened too long ago to be investigated now.

Back to top

Investigator's decision on behalf of the Ombudsman