Liverpool City Council (19 019 477)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 28 Mar 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Ms B’s complaint that the Council has failed to act in her children’s best interests. This is because the complaint concerns matters which can be, or have been, raised in court.
The complaint
- The complainant, who I will refer to as Ms B, complains that the Council has failed to act in her children’s best interests.
The Ombudsman’s role and powers
- 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)
- We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I have considered what Ms B has said in support of her complaint.
What I found
- Ms B says her ex-husband moved their children to live with him in the Council’s area against her wishes. She complains that the Council has not taken action in response to her concerns about the children’s welfare and that she has not been permitted to have contact with them. She wants contact, and for the Council to work with her to return the children to her care.
- The Council says Ms B complained to it in 2018. However, it declined to investigate because the case was subject to legal proceedings. It has said that it will consider a new complaint if Ms B wishes to make one.
- The Ombudsman will not investigate Ms B’s complaint. It concerns matters which have been, or can be, considered in court. It is not for the Council to decide whether the children live with Ms B or her ex-husband. These are matters for the court and I note that there was legal action in 2018. If Ms B wants contact with the children or wants them to live with her, her recourse is to ask the court to make the appropriate orders. The Ombudsman will not intervene.
- It is open to Ms B to make a complain to the Council concerning new matters. If she does so, and is unhappy with the Council’s response, she may make a new complaint to the Ombudsman at that point.
Final decision
- The Ombudsman will not investigate this complaint. This is because it concerns matters which can be, or have been, raised in court.
Investigator's decision on behalf of the Ombudsman