Summary: We will not investigate this complaint about contact arrangements for Miss X’s children. Any complaint about the Council not adhering to the court order, or request for different contact arrangements is a matter only a court could resolve.

The complaint

1. Miss X said the Council was not sticking to contact arrangements for her children directed by a court and had done nothing in response to her complaints

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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 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

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

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My assessment

6. This complaint concerns the alleged non-adherence of the Council to a court order. The Council says the court mandated it to decide what the contact arrangements should be for Miss X’s children. Miss X says the Council is not adhering to a court order. We cannot comment on adherence to or breaches of a court order. Only a court can do that. Nor can we say what contact arrangements should be. Only a court can do that.

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Final decision

7. We will not investigate Miss X’s complaint because she has a right to go to court it would be reasonable to use. This is because only a court could address breaches of a court order or mandate different contact arrangements.

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Investigator's decision on behalf of the Ombudsman