Summary: We cannot investigate this complaint about the Council’s actions concerning Miss X’s infant child. This is because the matters complained of are not separable from the child’s residence and contact arrangements, which have been decided by a court.

The complaint

1. Miss X said the Council had not taken account of the number of complaints she had made and had lied.

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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. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended))
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate Miss X’s complaint because it is not separable from the matter of the contact and residence arrangements for her child, which were decided by a court.

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Investigator's decision on behalf of the Ombudsman