Summary: We will not investigate this complaint about the Council’s actions after the complainant raised concerns about her ex-partner’s behaviour to their child during contact sessions. This is because the issues raised relate to later court proceedings so we cannot consider them.

The complaint

1. The complainant, who I refer to here as Ms T, says that the Council made her feel she was in the wrong for reporting her ex-partner (P)’s behaviour toward their son (S) when he was in P’s care. She says that Council Officers made offensive and prejudiced comments about the matter, and were judgemental and biased in the way they documented her concerns. They failed to explain the statutory threshold for a safeguarding investigation to be triggered. Additionally she feels she was given poor advice regarding taking court action.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I considered information provided by Ms T.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms T’s was dissatisfied with the response of the Council to her allegations about P’s behaviour. She says she was advised that the only way in which she could legally refuse to allow P contact with S would be to go to court and ask for a variation to the contact order.
7. As Ms T took this course of action, we are unable to consider her complaints regarding the Council’s written notes, and its lack of action. We are unable to consider any matter that resulted in, or relates to, court action.

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Final decision

8. We will not investigate the complaint because it is out of our jurisdiction due to court proceedings.

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Investigator's decision on behalf of the Ombudsman