Summary: We cannot investigate this complaint about the Council’s actions in preventing Ms X’s child returning to her care. The child’s residence has been decided by a court order, and Ms X has exercised her right to return to court.

The complaint

1. Ms X said the Council acted wrongly to prevent her daughter returning to live with her, by ignoring the child’s wishes, denying her access to a parenting course, and refusing to reconsider its position.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X’s child’s residence was decided by court order. Ms X has confirmed she has recently applied to a court to vary the order. This is the correct route to resolve the residence arrangements for a child. The matters complained of are not separable from that.

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Final decision

6. We cannot investigate Ms X’s complaint. This is because the matters she complains of are not separable from ones which have been and are again due to be decided by a court.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman