London Borough of Lewisham (21 013 602)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 13 Jan 2022
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about where children should live and who they have contact with. A court has decided these arrangements and only another court could vary them.
The complaint
- Miss X said her son is very good at putting on an act and that a judge did not get to see all the evidence. She wants contact with the children but said the Council has ignored the evidence she has put forward.
The Ombudsman’s role and powers
- We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
- The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
- 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 considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- It is clear from Miss X’s complaint and the screenshot of the Council’s final response she provided that the key issue here is where children should live and who they should have contact with. The words of both parties show there has been court action. Only another court could vary the arrangements. The matters complained of are not separable from that.
Final decision
- We cannot investigate Miss X’s complaint because the matters complained of are not separable from those decided by a court. Only another court could vary the contact and residence arrangements of the children concerned. It would be reasonable for Miss X to return to court.
Investigator's decision on behalf of the Ombudsman