Nottingham City Council (20 010 250)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 17 Feb 2021
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about residence and contact arrangements for her children. This matter was decided by a court and Miss X has a right to return to court it would be reasonable to use.
The complaint
- Miss X said the Council wrongly separated her from her children. She says the separation is distressing for her and her children.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I read Miss X’s complaint and gave her an opportunity to comment on a draft decision.
What I found
- A court decided Miss X’s children should live with their grandparent. Only a court can vary the arrangements for their residence or contact with them. It would be reasonable for Miss X to return to court.
Final decision
- We will not investigate this complaint. This is because Miss X has a right to go to court it would be reasonable to use.
Investigator's decision on behalf of the Ombudsman