Summary: We cannot investigate this complaint that the Council has been at fault in preventing the complainant from having contact with his children. This is because the matter of contact has been considered in court, and this places the complaint outside the Ombudsman’s jurisdiction.

The complaint

1. The complainant, who I will refer to as Mr X, complains that the Council has prevented him from having contact with his children and has failed to implement a court order to carry out a risk assessment.

Back to top

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))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X says the Council’s actions have prevented him from having contact with his children for several years. He says he has done everything the Council has asked of him during the period, and its opposition to contact is based on past events. He believes the Council’s current position is unreasonable and he wants to be allowed contact with his children.
8. The Ombudsman cannot investigate Mr X’s complaint. Contact is not normally a matter where there is a role for us, as it can only be definitively decided in court. The Council can be directed by a court to express a view on whether contact is appropriate and how it can be managed, but the decision is for the court.
9. The evidence Mr X has provided shows that he has instigated private legal proceedings himself, and that the Court has made an order regarding contact. Where a matter has been decided in court, the Ombudsman has no jurisdiction and cannot investigate. That is the case here. This restriction also applies to reports and evidence given in court by a council. There is no discretion available to us.
10. If Mr X believes the Council has failed to implement a court order, his recourse is to go back to court. There is no role for the Ombudsman

Back to top

Final decision

11. We cannot investigate Mr X’s complaint because it concerns a matter which has been considered and decided in court.

Back to top

Investigator's decision on behalf of the Ombudsman