Bedford Borough Council (21 006 788)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 28 Sep 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about where the Council decided it was safe for Ms X’s child to live. This matter is for a court to decide.
The complaint
- Ms X said the Council wrongly allowed her child to live with his father and he suffered harm.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council’s view is it is safe for Ms X’s child to live with his father. Ms X says he has suffered harm there. A court was due to decide the child’s residency and contact arrangements when Ms X complained to the Council. A court is the correct place to decide these matters.
Final decision
- We will not investigate Ms X’s complaint because it is not separable from matters that have been or should be decided by a court. Where a court has decided a matter, we cannot investigate it.
Investigator's decision on behalf of the Ombudsman