Summary: The Ombudsman will not investigate Miss X’s complaint. This is because we cannot consider matters which have been decided in court. The complaint is therefore outside our jurisdiction with no discretion to investigate.

The complaint

1. Miss X complains about the custody arrangements for her children.

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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)

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How I considered this complaint

3. I considered Miss X’s complaint to the Ombudsman and the information she provided. I also gave Miss X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

4. Miss X is unhappy about the custody arrangements for her children.
5. The exceptions at paragraphs 2 and 3 apply to Miss X’s complaint. The decisions Miss X complain about were taken by the courts. We have no powers to consider matters which have been discussed in court and we cannot question decisions taken in court. Miss X’s complaint is not therefore one we can consider. Miss X should take legal advice about the options available to her.

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Final decision

6. The Ombudsman cannot investigate Miss X’s complaint. This is because we cannot consider matters which have been discussed or decided in court.

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Investigator's decision on behalf of the Ombudsman