Summary: We cannot investigate this complaint about the actions of social workers concerning the contact and residence arrangements of Mr X’s child. These matters could have been raised during court action Mr X referred to. Even if there had been no court action it would be reasonable for him to go to court. This is because only a court can decide where children should live and who they should see in the case of a dispute.

The complaint

1. Mr X said social workers have lied about him. He said going to court did not work as the Council ignored a letter from the court asking for information. In his complaint to the Council, he said it had prevented him having contact with his child and left his child at risk from an offender.

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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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot 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)
5. 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))
6. 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)

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. This complaint concerns Mr X’s contact with his child and who the child should live with. Mr X said he had been to court. Regardless of the outcome of that action, we cannot investigate matters that were or could reasonably have been raised there. Even if Mr X had not been to court, these disputed issues of his contact with his child, and who it is safe for his child to live with, could only be resolved by a court. Therefore, it would be reasonable for Mr X use his right to return to court.

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Final decision

10. We will not investigate Mr X’s complaint because the matters he complains of are closely linked to matters where there has been court action during which it would have been reasonable to raise them.
11. Even if there had been no court action, it would be reasonable for Mr X to go to court as only a court can decide disputed contact and residence arrangements for children.

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Investigator's decision on behalf of the Ombudsman