Summary: We will not investigate Miss X’s complaint about matters during a court case in 2013 and the actions of her son’s special guardians at contact sessions. We cannot investigate matters that happened during court proceedings, and it would be reasonable for Miss X to return to court if she is dissatisfied with contact arrangements.

The complaint

1. Miss X said she recently discovered information about what happened during a court case in 2013 concerning where her son was to live. She said her son’s special guardians also acted inappropriately towards her during later contact sessions.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. 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)
5. 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)

Back to top

How I considered this complaint

6. I read Miss X’s complaint. I gave Miss X an opportunity to comment on a draft decision.

Back to top

What I found

7. Miss X’s son became subject to a special guardianship order during a court case in 2013.
8. The Council refused to consider Miss X’s complaint about what happened during the case as it was historic. Miss X said she only discovered what had been said more recently.
9. I accept Miss X’s point about discovering information late. However, her complaint also concerns what happened during a court case. We have no discretion to consider matters occurring during a court case of any date.
10. Miss X also complained about the special guardians’ actions during contact. This matter is not separable from that of contact, about which Miss X has a right to go to court it would be reasonable for her to use.

Back to top

Final decision

11. We will not investigate this complaint. This is because these matters are not separable from:

• those heard in court, and we cannot investigate what happened during a court case; or
• those concerning contact arrangements about which Miss X has a right to go to court it would be reasonable to use.

Back to top

Investigator's decision on behalf of the Ombudsman