Blackburn with Darwen Council (21 017 917)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 20 Apr 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s involvement in the contact arrangements between the complainant and his children. This is because it is reasonable to expect him to take the matter to court.
The complaint
- Mr X complains about the Council’s children’s services involvement in child protection matters relating to the contact he has with his 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.
- 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 and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In 2018 contact arrangement between Mr X, his children and their mother were decided in court during a hearing to decide upon an application for a Child Arrangements Order (CAO).
- In 2021, the Council’s children’s services became involved with the family. The Council became aware that a family member that lives with Mr X had been arrested, the Council concluded that the children should not have any contact with the family member until the police had concluded its investigation and any risks could be fully assessed.
- Mr X and the children’s mother subsequently signed an agreement revising the families’ contact arrangements. However, Mr X feels he was forced into signing the agreement and wants it amended or removed.
- I will not investigate Mr X’s complaint. This is because the contact arrangements between he and his children were decided by the courts. If he feels the arrangements are not being adhered to it would be reasonable to expect him to return to court and ask for the arrangements to be enforced. Only the courts can enforce a court order
Final decision
- We will not investigate Mr X’s complaint because it is reasonable to expect him to take the matter to court.
Investigator's decision on behalf of the Ombudsman