City of Doncaster Council (22 002 146)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 26 May 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council breaching a court order and failing to check if a tenant in a property he owns can care properly for her children. Mr X has a right to go to court it would be reasonable to use to deal with any loss of rental income, and he is not a suitable representative for the children.
The complaint
- Mr X said the Council breached a court order and failed to check if a tenant at a property he owns can care properly for her children. He wanted the Council to remove the children from his tenant and remove them from the property where they have no right to stay. He said he would like to claim loss of income.
The Ombudsman’s role and powers
- 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
- Any loss of rental income for Mr X as a landlord or eviction of his tenant is a matter where he has a right to go to court it would be reasonable to use.
- The removal of children from their parents and breaches of court orders are both matters that only a court can decide. We have no authority to consider these matters.
- Mr X is not a suitable person to complain on behalf of his tenant’s children as he does not have parental responsibility for them. Any urgent safeguarding matters concerning Mr X’s tenant’s children should be referred to the police if the Council declines to deal with them.
Final decision
- We will not investigate Mr X’s complaint because:
- He has a right to go to court it would be reasonable to use if he wishes to claim lost income or evict his tenant;
- We cannot investigate breaches of court orders or make recommendations about where children should live because only courts can decide these matters; and
- Mr X is not a suitable representative for his tenant’s children.
Investigator's decision on behalf of the Ombudsman